FAIRWAY PLAY, INC. TERMS OF SERVICE
Welcome to Fairway Play! This Terms of Service (this “Agreement“) governs the relationship between you and Fairway Play (hereinafter, “Fairway Play” “us,” or “we” and the possessive “our”) regarding your use of our golf related apps, including Anamules (collectively the “Service“) that you access through our websites used (the “Website“) and/or our iOS or other type of application licensed by Fairway Play to facilitate your use of the Service (the “Application“). Reference to the Service or use of the Service herein means through both the Website and the Application. The Service is owned and operated by Fairway Play, Inc., a Minnesota corporation. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Service in any manner by, through or under you or your Account.
- License and Restrictions.
- License Grant for Service. Fairway Play hereby grants you a non-exclusive, non-transferable, revocable limited license solely for the period your Account is active, to access and use the Service through the Website and/or Application, and to install and run one copy of the Application on a single mobile device. You are responsible for obtaining all hardware necessary to run the Application and for any fees, such as internet connection, data, or mobile carrier fees that you incur when accessing the Service. We reserve all rights not expressly granted herein.
- Accounts and Access. To use the Service, you must register for an account (an “Account“). Once your Account is registered, you may generally be referred to as “User“. Other users may be referred to generally as “Other Users” and you and Other Users are sometimes collectively referred to as “Users.” Your Account gives you access to the Service and functionality that we establish, maintain and modify from time to time in our sole discretion. We may maintain different types of accounts with different features or functionality for different types of Users. If you open Account on behalf of a company, organization (such as a team) or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement. By connecting to Fairway Play with a third-party service (such as Google, Facebook or other social media sites), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
- Account Information and Management.
- Information Provided When Setting Up Account. You are required to provide and maintain current, complete and accurate personal information, which may include (but is not limited to): an e-mail address and password (“Login Information“), your name, birth date, and, in some cases, payment information (collectively, with Login Information, your “Account Information“). You may not use a false identity or false information or create an Account on behalf of someone other than yourself. Do not share your Account or Login Information, nor let anyone else access your Account or otherwise jeopardize the security of your Account. If you become aware of, or suspect, any breach of security of your Account, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for all uses of the Account Information. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) incurred by parties using your Account. You agree that we will not be liable for any losses caused by any unauthorized use of your Account. We reserve the right to remove or reclaim any usernames at any time and for any reason (for example due to claims by a third party that a username violates the third party’s rights). We cannot guarantee that unauthorized third parties will not be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information (including Account Information) at your own risk.
- License and Account Limitations and Prohibitions. You agree that you will not do any of the following with respect to the Service, Website or Application:
- Use the Service for any advertising, solicitation, non-personal or commercial purposes, including spam, chain letters, junk e-mail, unsolicited email or repetitive messages.
- Engage in any act in conflict with the spirit or intent of this Agreement or the Service, including but not limited to circumventing or manipulating this Agreement;
- Use your Account or the Service in connection with or assisting or promoting violation of any law or regulation;
- Modify or cause to be modified any files or content used in the Service;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or Application;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service (each a “Server“);
- Institute, assist or become involved in any attack, including without limitation distribution of a virus or similar attacks upon the Website or Application;
- Attempt to gain unauthorized access to the Service, Other User’s Accounts, Servers or networks connected to the Service by any means other than the Website or Application, including but not limited to attempting (or assisting an attempt) to circumvent or modify any security, technology, device or software that is part of the Service;
- Post, distribute or make available through the Service, any material or information that infringes any Intellectual Property Rights, rights of privacy, right of publicity or other right of any person or entity or that is abusive, threatening, obscene, bullying, demeaning, defamatory, libelous, racially, sexually, or religiously objectionable or that contains nudity, excessive violence or offensive subject matter;
- Harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including our employees or customer service representatives;
- Transmit materials that promote malware, spyware or downloadable items;
- Interfere or attempt to interfere with the proper functioning of the Service;
- Intercept, examine or observe any proprietary communications protocol used by a User, a Server or the Service, whether using a network analyzer, packet sniffer or other device;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by us;
- Reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, disassemble or otherwise seek to view the source code for, publicly display, publicly perform, republish, download, store or transmit the Application or any of the material on thereon or on the Website;
- Solicit or attempt to solicit personal information from Other Users or collect, harvest or post anyone’s private information, (whether in text, image or video form), identification documents or financial information;
- Upload or transmit (or attempt to upload or to transmit), without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
- Use any robot, spider, or other automatic device, process or means of access to the Website or Application for any purpose, including monitoring or copying any material on the Website or Application;
- Impersonate anyone, including us or any employee, commit fraud, or attempt to hide your identity;
- rent, lease, sell, trade, gift, bequeath, license, sublicense, distribute, time-share or otherwise transfer your Account, your Account Information, or any copy of the Application without our prior written consent (any such attempt to transfer is void);
- reproduce, distribute or publicly display any content you access through the Service that is not clearly marked “public” or use any content other than in compliance with any applicable restrictions or other instructions; or
- remove, disable or delete copyright or other proprietary notices on the Website or Application.
- Suspension and Termination of Account and Service:
- Failure to Comply. Without limiting any of our other rights or remedies, we may limit, suspend, terminate, modify or delete accounts or access to the Service or portions thereof, with or without notice to you, if you are, or we suspect that you are, not complying with this Agreement, conducting actual or suspected illegal, immoral or improper use of the Service, creating risk of possible legal liabilities, or infringing our Intellectual Property Rights or those of third parties. In those cases, you could lose your access to the Service, your username, and any benefits, privileges, earned items and purchased items associated with your account or use of the Service and we are under no obligation to compensate you for any such losses or results.
- Right to Cease Service. We reserve the right to stop offering and/or supporting the Service or any part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to Users in connection with such discontinued Service.
- Content Screening.
- Consent to Monitoring. We assume no responsibility for monitoring the Service for inappropriate content or conduct. We do not pre-screen or monitor User Data or User content, but we reserve the right to do so at our discretion, including, without limitation recording your interaction with the Service or communications. You hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Data or content.
- Options Regarding User Content. We may reject, refuse to post, take down or delete any content for any or no reason. We reserve the right to disclose your identity or other information about you to any third party who claims that your use of the Service violates their rights, including their Intellectual Property Rights or rights to privacy. We also reserve the right to limit use of the Service in our sole discretion, based upon the amount of storage capacity available or allocated.
- Cooperation with Law Enforcement. We have the right to cooperate fully with any law enforcement authorities, subpoena, administrative proceeding, inquiry of regulatory agency, court order or other legal proceeding (collectively, a “Proceeding“) requesting or directing us to disclose Account Information, User Data and the identity or other information of anyone using the Service. We reserve the right to take all appropriate legal action, including referral to law enforcement agencies, for any violation of this Agreement or conduct we deem could be illegal or the subject of any such Proceeding. You acknowledge and agree that we have these rights, do not have an expectation of privacy regarding these rights and waive any claims against and hold us harmless from any claims resulting from any action taken by us in the exercise of those rights.
- Exposure to Other User’s Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, unsuited to your purposes, or that you find offensive or disagree with, and you agree that we shall not be liable for any damages you allege to incur as a result thereof. You understand that Other Users are solely responsible for their data practices and their use or distribution of their content. All statements and/or opinions, information and content provided by Other Users are strictly the Other User’s content and are not content provided by us or our affiliates and are the sole responsibility of the Other Users that post such content. We do not endorse or express any opinion whatsoever regarding Other User’s Content.
- Fairway Play Content. The Service and all materials therein or transferred thereby, including, without limitation, the Website, the Application and their entire components, parts, contents, features, functionality, software, images, text, displays, techniques, technology, data, images, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (collectively, the “Fairway Play Content“), and all Intellectual Property Rights related thereto, are the exclusive property (and constitute Intellectual Property Rights) of Fairway Play and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to claim any interest in, right to, or sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Fairway Play Content. Use of the Fairway Play Content for any purpose not expressly permitted by this Agreement is strictly prohibited. As used in this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- User Interactions. You are solely responsible for your interactions with Other Users. If you have a dispute with Other Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Content Screening.
- Fees and Purchase Terms. Certain aspects of the Service may be provided for fees. If you elect to use paid aspects of the Service, that use is subject to this Agreement and the specific terms included in any order form, statement of work, or the like (if applicable) to which you indicate your acceptance (including by making related payments). You agree to pay all fees and applicable taxes, if any, incurred by you or anyone using your Account. We reserve the right in the future to charge fees for any parts of the Service that may have previously been offered without a fee and to offer premium services that may require additional fees. We may revise pricing for the goods and services at any time. You acknowledge that we are not required to provide a refund for any reason, and that you are not entitled to receive money or other compensation for unused products and services when an account is closed, regardless of the reason the account was closed.
- Mobile Software/Application. The Application makes the Service available through a mobile device in addition to the Website. To use the Application, you must have a compatible mobile device. We make no warranty or representation about the compatibility of your device. As stated, Section 1 of this Agreement, we have granted to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Application for one Account on a mobile device for your personal use. We retain all ownership, right, title and interest in and to the Application (and any copy of the Application), except for the specific licenses granted hereby. We may from time to time issue upgraded versions of the Application and may automatically electronically upgrade the Application on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by any applicable open source or third-party license EULA, authorizing use of such code (if any).
- Third Party Advertising.
- Copyright Notices; Complaints. Our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA“). For more information, please see our Copyright Policy by clicking here. We reserve the right to terminate without notice any User’s access to the Service if we determine that user is a “repeat infringer.” In addition, we do not interfere with standard technical measures used by copyright owners to protect their materials.
- Updates to the Service and Application. You understand that the Service undergoes frequent changes. We may require that you accept updates to the Service or to the Application in order to continue using the Service or Application. The Service may not be fully functional if you use a version of the Application other than the latest version of the Application and upon our request, you agree to cease use of an older version of the Application.
- Disclaimer; Limitations; Waivers on Liability; Indemnification.
- Disclaimer of Warranties.
- SERVICE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, FROM USER CONTENT, OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, RELIABLE OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitations; Waivers of Liability.
- DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE). UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR IF NONE, THEN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
- NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY RESULTING FROM USE OF THE SERVICE OR EXTERNAL SITES RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
- The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. The Application originates in the United States and is subject to United States export laws and regulations and may also be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Application and the Service.
- Indemnification. You agree to defend, indemnify, save, and hold us harmless from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of this Agreement the representations, warranties and covenants made by you herein, or any applicable law, rule or regulation; any of your User Data or any that is submitted via your Account; or any access and use of the Service with or through your Login Information. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
- Choice of Law. Any and all disputes arising out of or in any way connected with this Agreement, the Website, the Application or the Service, whether sounding in contract, tort, strict liability or otherwise (a “Dispute“), shall be governed by the laws of the State of Colorado, without giving effect to conflicts of laws principles that would require or permit application of laws of any State other than the State of Minnesota.
- Disclaimer of Warranties.
- Dispute Resolution. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF
- General. You and we agree that we will resolve any Dispute by arbitration as set forth below. The arbitration tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You and we agree to seek resolution of the Dispute only through arbitration of that dispute in accordance with the terms of this Section 9, and not litigate any Dispute in court. If you or we file an action in a court or tribunal other than arbitration, the party filing such action will cause it to be dismissed immediately. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to us within 60 days of the execution of the Agreement.
- CLASS ACTION WAIVER. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION, OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
- Initiation of Arbitration Proceeding; Selection of Arbitrator. The party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 9 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
- Arbitration Procedures. Because the Service concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. The AAA rules are available at www.adr.org. The proceedings shall take place before a single arbitrator selected by the parties, but if the parties cannot agree on an arbitrator, then a single arbitrator selected by the arbitration organization providing the arbitrator. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. All proceedings in the arbitration and all materials, evidence and other information disclosed or used in the arbitration shall be held strictly confidential. The fees of the arbitrator shall be borne equally by the parties. Evidentiary rules of the arbitration tribunal shall govern issues or questions relating to evidence in the arbitration proceeding. You and we agree to limit discovery in any such arbitration to a degree and amount that is consistent with the nature of the case and the value of the claims at issue.
- Location of Arbitration. You or we may initiate arbitration in either Dakota County, Minnesota or the county in which you reside. If you select the county of your residence, you agree that we may transfer the arbitration to Dakota County, Minnesota but we will pay any additional fees or costs directly attributable to such change in location, as determined by the arbitrator.
- Jury Trial Waiver. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
- General Provisions.
- Supplemental Policies. We may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and this Agreement.
Fairway Play, Inc.
1960 Cliff Lake Road, Suite 129-401
Eagan, MN 55122
Attn: Terms Administrator
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Website and Application, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. When we change this Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page.
- Equitable Remedies. You acknowledge that the rights granted, and obligations made under this Agreement are of a unique and irreplaceable nature, the loss of which shall irreparably harm us, and which cannot be replaced by monetary damages alone, so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Service or any advertising, content or other materials displayed or issued through or in connection with the Service.
- Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond our control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.
- Survival. This Sections 8, 9 and 10 shall survive any termination of this Agreement.