By continuing to use FAIRWAYLIFE.COM you agree to the following Terms Of Service, which we reserve the right to update or revise from time to time. We also urge you to read our Privacy Policy.

Description of Service

FAIRWAYLIFE.COM currently provides access to informational and interactive resources relating to golf, which may include news articles, statistics, shopping services, and personalized content (collectively or individually, the "Service"). The Service is operated by Fairwaylife S.L. Unless explicitly stated otherwise, this Terms of Use will apply to any new features of or enhancements to the current Service. The Service is provided "AS-IS" and "AS-AVAILABLE" for your use, and we are not responsible for the timeliness, deletion, or mis-delivery of any part of the Service.

Privacy Policy

The collection and use of your personal information by FAIRWAYLIFE.COM is subject to our Privacy Policy, We do not currently collect any information from children under the age of 13. If in the future, FAIRWAYLIFE.COM collects personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.).

Account Security

If you register with us, we will open an account for you and you will receive an account name and a password. You are entirely responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. You agree to exit from your account at the end of each session if you have logged in to help prevent unauthorized use of your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Conduct

You agree not to:

• Use or to permit or facilitate others to use the Service by automated electronic processes or other computer programs that monitor, copy, or download data or other content found on or accessed through the Service, including without limitation real time scoring, video, audio, statistics, or data content, whether current or archival;
  
• upload, post, email, transmit or otherwise make available on the Service any topic, name, material, or information that is unlawful, harmful, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• collect or store personal data about other users of the Service.
• create a frame, browser or border around any of the content of the Service or link to the Service without our prior express written permission (other than a plain text-only link to the home page of the Service, which link does not in any way imply a sponsorship or affiliation with the Service, Fairwaylife or any of our partners).

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders, service providers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of this agreement, or your violation of any rights of another.

No Resale of Service

Except with our prior expressed written permission, your use of the Service and access to FAIRWAYLIFE.COM is solely limited to your personal and non-commercial use for viewing the Service, on a single machine using a conventional web browser without the aid of automatic electronic processes or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other content. You agree that you will not use any device, software or routine to bypass our robot exclusion measures, or to interfere or attempt to interfere with the proper working of FAIRWAYLIFE.COM or any activities conducted on FAIRWAYLIFE.COM. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on FAIRWAYLIFE.COM's infrastructure. Portions of the content contained within the Service are updated on a real time basis and are proprietary or licensed to us by third parties. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without our prior expressed written consent.

Modification & Termination of Service

We reserve the right to modify or terminate the Service (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice to you. We reserve the right, in our sole discretion, to terminate your password, account (or any part thereof) or access to or use of the Service, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this agreement, and you agree that we may do so without prior notice. You also agree that we will not be liable to you or to any third party for any modification or termination of the Service.

Subscription Services & Billing

Some services offered on FAIRWAYLIFE.COM may be subscription-based services. If you open an account for any subscription-based service, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Additional terms and conditions from service providers providing components of subscription-based services may apply. We reserve the right to change the amount of, or basis for determining, any fees or charges for subscription-based services provided by FAIRWAYLIFE.COM, and to institute new fees, charges, or terms effective after providing prior notice to users with subscription-based accounts ("Customers").

Unless otherwise specifically stated, if you are a Customer, we agree that we will terminate your account without delay if you provide us with a notice of cancellation for any reason. If you have any balance due on your account for subscription-based services, you agree that we may charge these unpaid fees to your credit card.

PLEASE NOTE: Your subscriptions will be automatically renewed unless terminated, and your credit card will be charged for the subscription fees according to the type of subscription-based service monthly subscriptions will be charged once per month, quarterly subscriptions will be charged on a quarterly basis, annual subscriptions will be charged once per year, and six-month subscriptions will be charged once per six (6) months.

Unless otherwise specifically stated, the renewal charge shall be equal to the original price of the subscription-based service, unless we notify you in advance. You will have thirty (30) days after the date that the renewal charge is posted to your subscription-based account to provide us with notice of cancellation to your subscription. Your subscription will be cancelled upon receipt of notice, a credit will be made to your subscription-based account in the amount of the charge made, and any associated credit card charges made will be refunded.

Your right to use the subscription-based services is subject to any limits established by us, subscription service provider or by your credit card issuer. If payment cannot be charged to a Customer's credit card, we are notified that a Customer has disputed account charges with his/her credit card company, or a Customer's charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate Customer's access and account, and thereby terminating this agreement and any of FAIRWAYLIFE.COM‘s obligations hereunder.

We may terminate any or all of our subscription-based services at our convenience, but in the event of such termination for convenience, we will refund a pro-rata amount of pre-paid fees to Customers of such terminated subscription-based services. Any pro-rata refunds made will be the only remedy made to Customers of a terminated subscription-based service.

Dealings With Advertisers & Merchants

If you engage in business dealings with advertisers or merchants found on or through the Service, whether by participating in promotions, purchasing products or services, or other dealings, you and such advertisers and merchants are solely responsible for compliance with any terms, conditions, warranties, representations, or liabilities associated with such dealings. Fairwaylife S.L. shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or because Fairwaylife S.L. or any of our partners allowed such advertisers to be present on the Service.

Links

The Service may contain links to other third party Web sites or resources. We have no control over such sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources, do not endorse, and bear no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and we also bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party Web site or resource.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES OR COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM LOCATION TO LOCATION.
• WE MAKE NO CLAIM THAT THE SERVICE WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
  
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH FAIRWAYLIFE S.L. OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE AND/OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRAND OR OTHER PARTNERS, SERVICE PROVIDERS, EMPLOYEES AND/OR OUR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE; (ii) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notice

Fairwaylife S.L. or the Service may provide notices to you via either email or regular mail, and the Service may provide notices of changes to this agreement or other matters by displaying notices or links to notices to you generally on the Service.

General Information

You expressly understand and agree that:

• This Agreement constitutes the entire agreement between you and us, superceding any prior agreements between you and us. You may be subject to additional terms and conditions when you use affiliate services, third-party content or third-party software, or other parts of the Service including subscription components;
  
• this Agreement and the relationship between you and us shall be governed by and interpreted in accordance with Spanish Law. You and we agree to submit to the personal and exclusive jurisdiction of the Court of Justice in Marbella (Málaga, Spain);
• the failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision;
• in the event a court of competent jurisdiction finds that any provision of this Agreement is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of this Agreement shall remain in full force and effect;
• you will file any claim or cause of action arising out of or related to use of the Service or this Agreement within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred; and
• the section titles in this Agreement are for convenience only and have no legal or contractual effect.