Terms of Use


LEGAL NAME

For the remaining purposes of the document and others that may be used from time to time, Fergy’s Espresso, which owns and operates the portal website Fergy’s Golf & Travel and its associated websites (Fergy’s Golf, Fergy’s Women’s Golf, Fergy’s Travel, Fergy’s Hawaii Travel and Fergy’s Golf Travel) shall be known as the legal name of the company.  Fergy’s Espresso is a Washington State Business and holds all applicable State, County and City Licenses.  Fergy’s Espresso is a Washington State Registered Seller of Travel, License Number 601269465.

ELECTRONIC COMMUNICATIONS

When you visit Fergy’s Golf & Travel and/or its associated websites (Fergy’s Golf, Fergy’s Women’s Golf, Fergy’s Travel, Fergy’s Hawaii Travel and Fergy’s Golf Travel) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on these sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

COPYRIGHT

All content included on these sites, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Fergy’s Espresso or its content suppliers and may be protected by United States and international copyright laws. The compilation of all content on these sites is the exclusive property of Fergy’s Espresso and protected by U.S. and international copyright laws. All software used on these sites is the property of Fergy’s Espresso or its software suppliers and is protected by United States and international copyright laws.

Fergy’s Espresso’s copyright agent may be contacted by e-mail through our contact form.

TRADEMARKS

Certain Fergy’s Espresso’s graphics, logos, page headers, button icons, scripts, and service names may be trademarks or trade dress of Fergy’s Espresso. Fergy’s Espresso's trademarks and trade dress may not be used in connection with any product or service that is not Fergy’s Espresso's, in any manner that is likely to cause confusion among customers or users of Fergy’s Espresso's Web sites, or in any manner that disparages or discredits Fergy’s Espresso. All other trademarks not owned by Fergy’s Espresso that appear on these sites, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fergy’s Espresso.

LICENSE AND SITE ACCESS

Fergy’s Espresso grants you a limited license to access and make personal use of these sites and not to download (other than page caching) or modify them, or any portion of them, except with express written consent of Fergy’s Espresso. This license does not include any resale or commercial use of these sites or their contents; any collection and use of any product or facility listings, descriptions, or prices; any derivative use of these sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data gathering and extraction tools. These sites or any portion of these sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fergy’s Espresso. Any unauthorized use terminates the permission or license granted by Fergy’s Espresso. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fergy’s Espresso’s Web Sites so long as the link does not portray Fergy’s Espresso in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Fergy’s Espresso’s logos or other proprietary graphic or trademark as part of the link without express written permission.

CONDITIONS OF USE

  • You understand and agree that all services provided by or set forth on these sites are provided to you exclusively under Fergy’s Espresso's Terms of Use, Registration Page and Privacy Policy (collectively, "Governing Documents").
  • Fergy’s Espresso reserves the right to terminate your access to Fergy’s Espresso’s services should Fergy’s Espresso learn that you have violated any terms or conditions set forth on the Governing Documents.
  • You understand and agree that Fergy’s Espresso's services are provided "as is".
  • You acknowledge that Fergy’s Espresso may modify or discontinue its services or your account with or without notice to you, and without liability to you or any third party.
  • You understand and agree that your use of Fergy’s Espresso's services is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of Fergy’s Espresso's services is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
  • You agree to indemnify, defend and hold harmless Fergy’s Espresso, its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Fergy’s Espresso's services, your violation of the Governing Documents or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
  • FERGY’S ESPRESSO EXPRESLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  • FERGY’S ESPRESSO CANNOT GUARANTEE YOUR CONFIDENTIAL USE OF THESE SITES. FERGY’S ESPRESSO WILL NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF THESE SITES.
  • FERGY’S ESPRESSO MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FERGY’S ESPRESSO 'S SITES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH FERGY’S ESPRESSO 'S SERVICES OR THROUGH ANY POSTINGS ON THESE SITES, REGARDING ANY GOODS OR SERVICES RECCOMENDED OR OBTAINED THROUGH FERGY’S ESPRESSO'S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO AS A RESULT OF FERGY’S ESPRESSO'S SERVICES OR THAT FERGY’S ESPRESSO'S SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
  • FERGY’S ESPRESSO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE FERGY’S ESPRESSO'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO EITHER THROUGH OR AS A RESULT OF FERGY’S ESPRESSO'S SERVICES, OR RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISIONS OR DATA EVEN IF FERGY’S ESPRESSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ACCOUNT

If you use these sites, and establish an account thereon, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

By submitting a review, forum post, comment, product photograph or any other content, you automatically grant Fergy’s Espresso complete rights to use, copy, remove or modify the review into any form without permission from you or compensation to you. Any violation of the terms set forth in these Terms of Use or of any related terms and conditions set forth in the Governing Documents, as they relate to your maintenance of your Fergy’s Espresso account constitutes grounds for revocation of your registration rights.

Under Fergy’s Espresso's Privacy Policy, Fergy’s Espresso may disclose to third parties certain aggregate information contained in your registration application, but Fergy’s Espresso will not disclose your name, address, e-mail address, telephone number, or other similar identifying information, except (i) as specifically authorized by your prior written consent; (ii) in the good faith belief that such action is reasonably necessary to comply with the law or legal process; (iii) to enforce the Terms of Use; or (iv) in accordance with Fergy’s Espresso's Privacy Policy.

PRODUCT AND SITE DESCRIPTIONS

Fergy’s Espresso attempts to be as accurate as possible. However, Fergy’s Espresso does not warrant that the field descriptions, product descriptions or other content of its sites is accurate, complete, reliable, current, or error-free and Fergy’s Espresso can not guarantee the accuracy of any postings by its registered users. Other than providing a forum for registered users to voice opinions, Fergy’s Espresso does not maintain any formal relationship with its registered users.

LINKS

These sites may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to you. These linked sites are not under the control of Fergy’s Espresso, and Fergy’s Espresso is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, Fergy’s Espresso does not monitor nor review the content of such sites, and you expressly understand that your access by link to such sites is at your own risk.

GOVERNING LAW

These Terms of Use  will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or those of your actual state or country of residence. Disputes arising from the Terms of Use shall be exclusively subject to the Federal Courts of the United States and/or the State Courts of Washington and jurisdiction for such disputes shall rest solely in King County, Washington.

CHANGES TO WEB SITE

Fergy’s Espresso reserves the right to change both the content and format of this Web site or the terms and conditions set forth in the Governing Documents at any time. Please check back here frequently to review any changes that we have made.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

SUCCESORS AND ASSIGNS

The Terms of Use will inure to the benefit of Fergy’s Espresso's successors, assigns and licensees.

WAIVER

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Fergy’s Espresso.

OTHER AGREEMENTS

Please review our Privacy Notice and Registration Page, which also govern your visit to Fergy’s Espresso to fully understand our practices and your rights with respect to these sites.