DIRECT FAIRWAYS TERMS OF SERVICE

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.

1. Contact Us

If you have any questions about our website or any products and services offered, please contact us at customerservice@directfairways.com or at 1(866) 768-6449.

2. Information We Require

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, however, we are not required to. 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. Failure to send in artwork could result in advertisement delays. Exclusivity is offered on a front and back nine basis only and only if specified within the advertisement agreement.

4. Delivery of Services

The advertisements may take up to 180 days to be delivered to the golf course once you approve your artwork. Arrival of the advertisement is dependent on region and season. 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 customerservice@directfairways.com or at 1(866) 768-6449.

5. 24-Hour Risk-Free Cancellation

To provide exceptional customer service, we allow a Risk-Free Cancellation within 24 hours of your Initial Purchase. You may cancel your advertisement in exchange for a full refund within 24 hours of your reservation by calling our Customer Service Department at 866-768-6449.

6. Refunds

All services are non-refundable once outside of the 24-hour cancellation timeframe. If there are any disagreements concerning the advertisements please contact 866-768-6449 or send an email to customerservice@directfairways.com to discuss your options.

7. Choice of Law

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.

8. Force Majeure

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, violation of contractual obligations from the golf course, acts of God, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.

9. Enforcement

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.

10. Copyright and Trademark

Our website contains unique content owned exclusively by us, including 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.

11. Limitations and Liability

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 WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATIONS, 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 WEBSITE, ANY WEBSITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, 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 WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.