fairwaysandgreens.com

Terms and Conditions
Your use of fairwaysandgreens.com and accompanying services signifies your implicit agreement to the following terms and conditions: We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement is effective upon acceptance in registration for new registering users, and isotherwise effective on January 1, 2004 for all users.

1. Membership Eligibility.
Our Site services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, neither the Site nor any services offered through the Site is available to children (persons under the age of 18) or to temporarily or indefinitely suspended fairwaysandgreens members. If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use our Site. Further, your fairwaysandgreens account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Fees.
Joining and bidding on items through the Site is free. We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change our fees for our services from time to time without any prior notice. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

3. Breach.
Without limiting other remedies, we may limit your activity, immediately remove your offers or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

4. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

5. No Warranty.
THIS SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. fairwaysandgreens DOES NOT WARRANT THAT THIS SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED HEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, Nor is any responsibility assumed for incorrect or inaccurate capture of information, including but not limited to malfunctions, human error, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect, failures of: any telephone or computer line or network, computer equipment, software or any combination thereof. fairwaysandgreens MAKES NO WARRANTY THAT THIS SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM fairwaysandgreens OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE. fairwaysandgreens is not responsible for lost, misdirected or mutilated products or clubs sold by third parties, and none will be replaced.

6. Limitation of Liability.
IN NO EVENT SHALL fairwaysandgreens OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE, OR ANY CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF fairwaysandgreens OR SUCH INDIVIDUAL OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US FOR THE ACTION GIVING RISE TO LIABILITY. IN NO EVENT SHALL fairwaysandgreens BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS OR INFORMATION SUBMITTED OR POSTED ON THE SITE FOR ANY REASON.

7. Indemnification.
You agree to indemnify, defend and hold fairwaysandgreens, its officers, directors, employees, agents, consultants, moderators and affiliates from any and all claims, liabilities, damages and/or costs, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissions (as defined below), your use of this Site, including any use by your employees, your connection to this Site, your breach of this Agreement, your infringement (or infringement by any other user of your username) of any intellectual property or proprietary right of any person or entity, or your violation of any law or the rights of another. You shall cooperate as fully as reasonably required in the defense of any such claim. fairwaysandgreens reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

8. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

9. No Agency.
You and fairwaysandgreens are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

10. General.
We do not guarantee continuous, uninterrupted or secure access to our Site or services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. fairwaysandgreens may assign this Agreement and its rights or duties hereunder to any party at any time without notice. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.