Acceptance of Terms
By accessing or using fairwaycapture.com (the "Site"), submitting a form on the Site, or otherwise contacting Fairway Capture ("Fairway Capture," "we," "us," or "our") through the Site, you agree to these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site.
About Fairway Capture
Fairway Capture provides customer growth, retention, reactivation, follow-up, review generation, and related communication services for indoor golf simulator facilities. Our initial offering, the Slow-Hour Recovery Sprint, is a short campaign built around one underused time period at a facility, using the facility's existing customer base. Fairway Capture does not describe its services as guaranteeing any specific amount of revenue, bookings, or other business result.
Website Use
When using the Site, you agree not to:
- Abuse the Site or use it in a way that could disable, overburden, or impair it
- Attempt to gain unauthorized access to the Site, our accounts, or related systems
- Interfere with the normal operation of the Site
- Submit fraudulent, false, or misleading information through any form on the Site
- Use the Site for any unlawful purpose
- Scrape, copy, or otherwise misuse the Site's proprietary content where prohibited by these Terms or by law
Revenue Snapshot
The Revenue Snapshot offered through the Site is informational. Any observations, suggestions, or recommendations included in a Revenue Snapshot are based on the information available to us at the time, including what you provide through our forms and what is otherwise available about your facility. A Revenue Snapshot does not guarantee additional revenue, bookings, memberships, customers, reviews, or any other specific business result. Requesting or receiving a Revenue Snapshot does not, by itself, create a client relationship, obligation, or contract between you and Fairway Capture.
Services
Paid Fairway Capture services, including the Slow-Hour Recovery Sprint and any ongoing engagement, are governed by the specific proposal, service agreement, statement of work, order form, or similar written agreement you enter into with us (a "Service Agreement"). If anything in these Terms conflicts with a Service Agreement you have signed, the Service Agreement controls with respect to the services it covers.
No Guaranteed Results
Marketing and customer retention outcomes vary and depend on many factors outside our control, including your facility, customer base, offer, pricing, timing, and seasonality. Fairway Capture does not guarantee revenue, profit, bookings, memberships, leads, reviews, customer retention, conversion rates, or return on investment. Any examples, estimates, projections, case descriptions, or hypothetical scenarios referenced on the Site or in our communications are illustrative only and are not a promise of future results for your facility.
Customer Responsibilities
If you engage Fairway Capture for paid services, you are responsible for:
- Providing accurate and current information about your facility and customers
- Maintaining a lawful customer database and having the appropriate rights, consent, or existing relationship needed for us to contact your customers on your behalf
- Complying with applicable email, SMS, telemarketing, privacy, advertising, and consumer protection laws that apply to your business and your customer communications
- Maintaining your own booking systems, point-of-sale systems, and day-to-day business operations
Nothing in these Terms or in any communication from Fairway Capture is legal, tax, or compliance advice. If you have questions about your legal obligations, consult a qualified attorney.
Intellectual Property
The Site and its content, including its text, graphics, logos, the Fairway Capture name and brand, frameworks, campaign systems, templates, and other materials, are owned by Fairway Capture or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from this content without our permission, except as necessary to use the Site for its intended purpose.
Unless otherwise agreed in writing, you retain ownership of your own underlying customer and business data. Providing that data to Fairway Capture for the purpose of delivering services does not transfer ownership of it to us.
Third-Party Services
Fairway Capture relies on third-party platforms and infrastructure, including hosting, customer relationship management, spreadsheet, and communication tools, to operate the Site and deliver services. We do not control these providers and cannot guarantee their continued availability, performance, uptime, features, or policies. We are not responsible for outages or issues caused by third-party services outside our control.
Disclaimer
Content on the Site, including articles, benchmark information, and Revenue Snapshots, is provided for general informational purposes only and does not constitute legal, accounting, financial, or other professional advice. You should consult qualified professionals regarding your specific situation before making business decisions.
Limitation of Liability
To the fullest extent permitted by law, Fairway Capture will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of revenue, profit, data, or business opportunity, arising from your use of the Site or our services, even if we have been advised of the possibility of such damages. To the extent liability cannot be excluded, our total liability for any claim relating to the Site or a paid engagement will not exceed the amount you paid to Fairway Capture for the specific service giving rise to the claim in the twelve months before the claim arose.
Indemnification
You agree to indemnify and hold Fairway Capture harmless from any claims, damages, losses, or expenses, including reasonable attorney's fees, arising from your misuse of the Site, your violation of these Terms, or your violation of any law or third-party right, including laws related to how you contact or communicate with your own customers.
Termination
We may suspend or restrict your access to the Site at any time, without notice, if we believe you have misused the Site, violated these Terms, or created a legal or security concern. Termination or suspension of a paid engagement is governed by the applicable Service Agreement rather than these Terms.
Governing Law
These Terms are governed by the laws of [INSERT GOVERNING STATE/JURISDICTION], without regard to its conflict of law principles.
Changes to Terms
We may revise these Terms from time to time. When we do, we will update the effective date below. Continued use of the Site after a revision means you accept the updated Terms.
Contact
Fairway Capture
Email: hello@fairwaycapture.com
Website: fairwaycapture.com
Effective Date: September 25, 2026