This Agreement (“Agreement”) constitutes the Terms of Service related to your use of directfairways.com, and any
transactions as a customer or advertiser with Direct Fairways, LLC. Throughout this Agreement, the terms “DirectFairways,”
“Directfairways.com,” “us,” and “we” may refer to us, Direct Fairways, LLC, as is appropriate and depending on the context
in which the term is used. “You,” “Advertiser,” and “Customer” means you, the individual person and representative of the
named business that entered into this Agreement.
If you have any questions about our website or any products and services offered, please contact us at
[email protected] or at 1(866) 768-6449.
We may request certain information from you in order to appropriately provide the service(s) you purchase, including your
business name, contact name, address, telephone number, e-mail address, credit card information, and information
regarding your advertisement as needed.
You are required to submit your artwork and all needed information within 14 days of the purchase date. You will be
provided a digital proof of your advertisement for your approval within 21 business days of submitting your artwork. If you
fail to provide your artwork within the allotted time frame, we reserve the right to create the advertisement on your behalf. If
you fail to approve the advertisement or fail to request changes to the advertisement within 7 business days of us sending
you a proof, we reserve the right to print your advertisement without your approval.
The advertisements may take up to 180 days from the completed purchase date to be delivered to the golf course. Once the
materials are fully designed including your advertisement, the materials will be shipped from Direct Fairways to the golf
course specified in your agreement. The advertising term specified on your invoice will begin once the materials have been
printed and delivered to the appropriate golf course. If you have any questions regarding the status of your advertisement,
please call or email our customer service team at [email protected] or at 1(866) 768-6449.
All payments processed are non-refundable once payment has been approved. You may cancel your advertisement at any
time by notifying our customer service team. In the event of you requesting cancellation, your advertisement will be removed
from all future prints of the materials within the purchased term. However, a refund, credit, or pro-rated billing will not be
applied to your account for willful cancellation of the advertisement.
In order to keep our business relations with our customers consistent, we had elected a single jurisdiction’s laws to apply to
all transactions in the event that our dispute cannot be heard through arbitration. You agree that this Agreement, and any
purchases with us, shall be governed solely by the laws applicable to Arizona.
You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our
control, including, but not limited to, acts of God, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor
shortages, labor strikes (both lawful and unlawful), violation of contractual obligations from the golf course, postal service or
courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance
that may be beyond our control.
Any failure on our part to enforce any provision of this Agreement is our right and shall not constitute a waiver of our right to
enforce that or any other provision.
Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement
shall remain enforceable as though the unenforceable provision had not been a part of this Agreement.
Our website contains unique content owned exclusively by us, including the text and graphics. We cannot allow this text to
be copied, as it harms our search engine rankings and promotes third parties at our expense. Any unauthorized use of our
copyrighted content is prohibited.
DirectFairways relies on its trademarks and trade dress to distinguish itself from competitors, profit from its marketing
efforts, and ensure that its product image remains positive in the eyes of the consumer. As such, any unauthorized use of
our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited.
Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if
you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for
any reason and in any form, for the sole advantage of DirectFairways, financially or otherwise.
DIRECT FAIRWAYS DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL NOT BE LIABLE, FOR ANY DAMAGES TO,
OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER
PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF THIS SITE OR PRODUCTS FOUND, OR
BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE. IN NO
EVENT WILL DIRECT FAIRWAYS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE
CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS
WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE
REMEDY IS TO CEASE USING THIS WEB SITE.