1. ENTIRE AGREEMENT

This Agreement (“Agreement”) sets forth the Terms of Service governing your use of digitalfairways.com and any transactions you enter into with Digital Fairways, LLC as a customer or advertiser.

Throughout this Agreement, the terms “Digital Fairways,” “digitalfairways.com,” “we,” “us,” and “our” refer to Digital Fairways, LLC, as applicable based on the context. The terms “you,” “your,” “Customer,” and “Advertiser” refer to the individual accepting this Agreement on behalf of themselves and, where applicable, the business identified in connection with this Agreement.

This Agreement represents the complete and exclusive understanding between you and Digital Fairways, LLC regarding its subject matter and supersedes all prior or contemporaneous agreements, proposals, negotiations, representations, and communications, whether oral or written.

2. CONTACT US

If you have any questions about our website or any products and services offered, please contact us at info@digitalfairways.com or at (844) 215-2543.

3. 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.

4. ARTWORK AND DESIGN

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, but we are not obligated 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 upload your advertisement without your approval.

5. DELIVERY OF SERVICES

The advertisements may take up to 30 days from the time you approve your ad artwork. Once your advertisement is fully designed and approved by you, it will be uploaded to the scorecard or course guide for the golf course specified in your agreement. The advertising term specified on your invoice will begin once the advertisement has been uploaded 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@digital-fairways.com or at (844) 215-2543.

5. REFUNDS & CANCELLATION

We do not use cookies for tracking purposes. All services are non-refundable once outside of the 24-hour cancellation timeframe. If there are any disagreements concerning the advertisements please contact 844-215-2543 or send an email to customerservice@digital-fairways.com to discuss your options.

6. CHARGEBACKS

If a credit card is used to purchase your advertisement, your credit card provider may permit you to conduct a “chargeback” for fraudulent purchases or services not provided. We take any attempt to abuse this privilege very seriously, and anybody who attempts to purchase services from us and conduct a chargeback in order to avoid payment for services agreed to under this Agreement will be reported to their credit card issuer and appropriate law enforcement agencies. You agree to first seek a resolution with DigitalFairways on any disputed payment(s) prior to conducting a “chargeback” through your financial institution.

7. Partial Payments; Collection Rights; Suspension of Advertising

7.1 Payment Obligations

You acknowledge and agree that any payment plan, partial payment arrangement, or installment schedule is provided solely as a convenience and does not modify Your obligation to pay the full Amount in accordance with this Agreement.

7.2 Right to Collect

If any scheduled payment is not received on or before its agreed-upon due date, Digital Fairways reserves the right to immediately collect any past-due amount using the payment method authorized by You, to the extent permitted by applicable law and this Agreement. Digital Fairways may also pursue any other lawful collection remedies available under this Agreement or applicable law.

7.3 Suspension or Revocation of Advertising

If Digital Fairways is unable to successfully collect any past-due payment, or if You otherwise fail to satisfy Your payment obligations, Digital Fairways reserves the right, without further obligation or liability, to suspend, deactivate, remove, or revoke Your advertisement, promotional content, sponsorship, and any associated placement within the Digital Fairways platform until all outstanding amounts are paid in full.

7.4 No Release of Payment Obligation

The suspension, removal, or revocation of Your advertising due to nonpayment does not cancel or reduce Your financial obligations under this Agreement. You remain responsible for all amounts due, together with any applicable fees, costs of collection, interest (if provided elsewhere in this Agreement), and any other remedies available to Digital Fairways under this Agreement or applicable law.

8. Seasonal / Session-Based Billing

You acknowledge and agree that Digital Fairways operates on a seasonal advertising schedule based on the applicable golf season and not on standard calendar months or dates.

By purchasing or renewing advertising services, You are reserving advertising placement for the upcoming golf season. Billing is associated with that reserved seasonal placement and may occur before the beginning of the applicable golf season to secure Your advertising position.

You understand that timely billing and payment are necessary to reserve and maintain Your placement for the applicable season. Failure to make payment when due may result in cancellation of the reservation or loss of placement priority.

9. Verbal Authorization & Billing Consent

You acknowledge and agree that Digital Fairways may record telephone calls for quality assurance, verification, and authorization purposes.

9.1 Verbal Authorization as Binding Approval

You agree that Digital Fairways is permitted to obtain and rely upon recorded verbal authorization for:

Renewals tied to the upcoming golf season;
Billing and payment processing for those renewals;

10. 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 in the County of Maricopa.

10.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, acts of God, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), wireless service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.

11. NON-WAIVER

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.

12. 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.

13. COPYRIGHT AND TRADEMARK

Our website and application 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.

Digital Fairways 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 Digital Fairways, financially or otherwise.

14. LIMITATIONS AND LIABILITY

DIGITAL 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 DIGITAL 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.