Welcome to 5kOnTheFairway. 5kOnTheFairway provides services to you subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on 5konthefairway.com, and these terms and conditions at any time. By accessing or otherwise using 5konthefairway.com you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.
USE OF –
By using 5konthefairway.com you represent and warrant that you are more than 18 years of age or are visiting 5konthefairway.com with the permission and supervision of a parent or guardian.
Subject to these Terms and Conditions, 5kOnTheFairway hereby grants you a limited, revocable, non-exclusive license to access and use the 5kOnTheFairway.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the 5kOnTheFairway website.
USER REVIEWS & COMMENTS
Anything posted or otherwise submitted to 5kOnTheFairway, through a mobile application, blog or via any form of social media, will be treated as public and non-proprietary. By submitting said comments or other materials to 5kOnTheFairway, you grant 5kOnTheFairway a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become 5kOnTheFairway sole and exclusive property. In addition, when you post reviews or comments to 5kOnTheFairway, it’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission.
INTELLECTUAL PROPERTY RIGHTS
All graphics, images and content on the 5kOnTheFairway.com website and blog belong exclusively to 5kOnTheFairway, or its affiliates. The use of any 5kOnTheFairway trademarks or service marks without 5kOnTheFairway’s express written consent is strictly prohibited. You may not use 5kOnTheFairway’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit 5kOnTheFairway. In addition, you may not use any of 5kOnTheFairway’s trademarks or service marks in meta tags without 5kOnTheFairway’s explicit prior consent.
Customers who access and use the 5kOnTheFairway.com website from outside of the United States are responsible for complying with their local laws and regulations.
DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Each raffle will grant one lucky winner unless otherwise noted as multiple winners the prize(s) of the raffle. Raffle tickets will be available periodically on our website exclusively, after-which the winning ticket (and winner) will be randomly selected. Please note, raffles do not cover travel, lodging, meal expenses, or shipping cost that may be incurred to retrieve the winning prize.
In order to to eligible you must be at least 18 years old. To enter the raffle, a person must hold at least one raffle ticket, but may enter the drawing with multiple tickets. A ticket purchased by an ineligible person is void, and cannot be a winning ticket.
By receipt of any prize, winner agrees to release and hold harmless 5kOnTheFairway and their respective subsidiary, and affiliate companies, supplies, distributors, and advertising/promotion agencies, as well as each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Raffle or receipt, use, or misuse of any prize.
In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
5kOnTheFairway takes intellectual property rights very seriously not only for related products but all brands represented on 5kOnTheFairway.com. Please contact 5kOnTheFairway if you believe that any content constitutes an infringement of you or any other brands copyrights.
APPLICABLE LAW; DISPUTES; REMEDIES
The laws of the State of Ohio will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to the 5kOnTheFairway.com website or products purchased on 5kOnTheFairway.com shall be submitted to confidential arbitration in Toledo, Ohio, except in regards to issues regarding violations of intellectual property rights, which we may seek relief from in the proper jurisdiction.
By using 5kOnTheFairway.com you agree that 5kOnTheFairway’s remedy at law for any actual or threatened breach of these Terms and Conditions would be inadequate. As such, 5kOnTheFairway shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
If any the provisions in these Terms and Conditions are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.