Last Updated: September 30, 2024
Welcome to Fairway Exchange. These Terms of Service (“Terms”) govern your use of our website, mobile application, and services (collectively, the “Service”) provided by Fairway Exchange, Inc. (“Fairway Exchange,” “we,” “us,” or “our”), a Delaware corporation operating in Florida.
Fairway Exchange provides an online marketplace for golf equipment where users can buy and sell new and used golf gear. We facilitate transactions between buyers and sellers but are not a party to any transaction between users, except for items sold directly by Fairway Exchange (“Direct Sales”).
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
These Terms incorporate by reference the following policies:
Throughout these Terms, we use certain defined terms. To help you understand these Terms, here are the definitions of those terms:
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future amendments and additions to these Terms as published from time to time on the Service.
If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, the terms “you” or “your” shall refer to such entity.
We reserve the right to modify these Terms at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the Service.
To use the Service, you must be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this eligibility requirement.
If you are using the Service on behalf of a business entity, you represent and warrant that: a) You have the authority to bind the entity to these Terms; b) The business entity is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its formation; c) You and the business entity will comply with all applicable laws and regulations.
Fairway Exchange reserves the right to refuse access to the Service to any person or entity at any time for any reason, in our sole discretion.
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify Fairway Exchange immediately of any unauthorized use of your account or any other breach of security. Fairway Exchange will not be liable for any loss or damage arising from your failure to comply with this section.
You may not use another User’s account without permission. You may not sell, trade, or otherwise transfer your account to another party. Fairway Exchange reserves the right to refuse registration of, or cancel, accounts that we deem inappropriate.
You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Service.
You agree not to engage in any of the following prohibited activities:
Any content you post to the Service must comply with all applicable laws and regulations and must not:
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
YOU WAIVE AND HOLD HARMLESS FAIRWAY EXCHANGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FAIRWAY EXCHANGE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FAIRWAY EXCHANGE OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
As a Seller, you are responsible for creating accurate, complete, and non-misleading listings for the items you wish to sell. Each listing must include:
Sellers must not list any items prohibited by our Prohibited Items Policy, which is incorporated by reference into these Terms. Prohibited items include, but are not limited to:
Fairway Exchange reserves the right to remove any listing at its sole discretion, with or without notice to the Seller.
As a Seller, you agree to:
Fairway Exchange charges a commission on each completed sale. The current commission rate is detailed in our Fee Policy, which is incorporated by reference into these Terms. We reserve the right to change our fee structure at any time by updating the Fee Policy.
As a Buyer, you are responsible for:
When you purchase an item or your offer is accepted by a Seller, you enter into a legally binding contract with the Seller to purchase the item. You agree to pay the full price of the item, plus any shipping costs and applicable taxes.
As a Buyer, you agree not to:
Fairway Exchange uses third-party payment processors to facilitate transactions on the Service. By using our Service, you agree to be bound by the terms and conditions of these payment processors.
When you make a purchase, you authorize Fairway Exchange and its payment processors to charge your chosen payment method for the full amount of the purchase price plus any applicable fees, taxes, and shipping costs.
Fairway Exchange will remit payments to Sellers for completed transactions, less our commission and any applicable fees, in accordance with our payment schedule as outlined in the Fee Policy.
All transactions on Fairway Exchange are in US Dollars unless otherwise specified.
Buyers are responsible for paying all applicable taxes related to their purchases. Sellers are responsible for paying all applicable taxes related to their sales, including income and sales taxes. Fairway Exchange is not responsible for calculating, collecting, reporting, or remitting taxes arising from any transaction, except where expressly indicated.
Sellers are responsible for shipping items to Buyers in a timely manner, as specified in their listing or as agreed upon with the Buyer.
Sellers must use a shipping carrier that provides tracking information and insurance for the full value of the item being shipped.
The risk of loss and title for items purchased from a Seller pass to the Buyer upon delivery of the item to the carrier.
Sellers and Buyers are responsible for complying with all laws and regulations regarding international shipping, including customs and import/export regulations.
Each Seller may specify their own return policy in their listings. If no return policy is specified, the default Fairway Exchange return policy, as outlined in our Return and Refund Policy, will apply.
If a Buyer receives an item that is materially different from the Seller’s description, the Buyer may be eligible for a refund under our Item Not as Described policy.
Buyers may request to cancel an order before the item has been shipped. Once an item has been shipped, the Seller’s return policy or the Fairway Exchange default return policy will apply.
Refunds will be processed back to the Buyer’s original payment method, unless otherwise specified. Refund processing times may vary depending on the payment method and financial institutions involved.
Fairway Exchange provides the platform to connect Buyers and Sellers but is not a party to any transaction between users, except in the case of Direct Sales.
We facilitate transactions by providing a secure platform for payments and communications between Buyers and Sellers.
Fairway Exchange may assist in resolving disputes between Buyers and Sellers, but we are not obligated to do so. Our decisions in any disputes are final and binding.
We reserve the right to terminate or suspend any user’s account at our sole discretion, with or without notice, for any reason, including violation of these Terms.
We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
We have the right to investigate and prosecute violations of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Fairway Exchange and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fairway Exchange.
Users retain ownership of the Content they submit, post, or display on or through the Service. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in connection with providing and promoting the Service.
If you believe that any Content on the Service infringes upon your copyright, please notify us in accordance with our Copyright Policy. We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
Any feedback, comments, or suggestions you may provide regarding Fairway Exchange or the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.
We implement reasonable security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
You acknowledge that we may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. These third parties may have access to your personal information as necessary to perform their functions.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAIRWAY EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FAIRWAY EXCHANGE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
FAIRWAY EXCHANGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FAIRWAY EXCHANGE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT FAIRWAY EXCHANGE IS NOT RESPONSIBLE FOR ANY USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAIRWAY EXCHANGE, ITS 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, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIRWAY EXCHANGE ASSUMES 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; AND/OR (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.
IN NO EVENT SHALL FAIRWAY EXCHANGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAIRWAY EXCHANGE AND YOU.
You agree to defend, indemnify, and hold harmless Fairway Exchange and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
You and Fairway Exchange agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
YOU AND FAIRWAY EXCHANGE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Fairway Exchange are instead electing that all Disputes will be resolved by arbitration under this Section 19, except as specified in Section 19.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.
Unless you and Fairway Exchange otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Fairway Exchange submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 17 “Limitation of Liability” as to the types and the amounts of damages for which a party may be held liable.
The arbitrator will determine who is responsible for paying the arbitrator’s fees and costs, in accordance with the AAA Rules and applicable law.
If any part of this Arbitration Agreement is found under the law to be invalid or unenforceable, then such part will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Miami-Dade County, Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms constitute the entire agreement between you and Fairway Exchange regarding the use of the Service, superseding any prior agreements between you and Fairway Exchange relating to your use of the Service.
The failure of Fairway Exchange to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fairway Exchange without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Fairway Exchange (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Fairway Exchange in any respect whatsoever.
If you have any questions about these Terms, please contact us at:
Have questions? Contact us at
support@fairwayexchange.com
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