Big FairwaysBig FairwaysThe agreement between you and Todak & Associates, LLC, which runs Big Fairways. The green boxes are the plain-English version; the paragraph above each one is the part that counts.
Effective 1 August 2026 · Version 2026-08-01
READ SECTION 18 BEFORE YOU AGREE. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND GIVES UP YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS.
These Terms of Service (the “Terms”) are a binding contract between you and Todak & Associates, LLC, a Washington limited liability company doing business as Big Fairways (“Big Fairways,” “we,” “us,” or “our”). They govern your access to and use of bigfairways.com, our web and mobile applications, scorekeeping tools, leaderboards, side-game tools, statistics, handicap features, shared scorecards, content, and everything else we offer (together, the “Service”).
By checking the box that says you agree to these Terms, by creating an account, or by using the Service, you confirm that you have read, understand, and accept these Terms and our Privacy Policy, which is part of this agreement. If you do not agree, do not use the Service.
We keep an electronic record of the version of these Terms you accepted, the date and time you accepted them, and the account that accepted them. That record is evidence of your agreement.
You must be at least 18 years old to create an account. The Service is not directed to children and we do not knowingly collect personal information from anyone under 18. If we learn that an account belongs to someone under 18, we may close it and delete the information associated with it.
You agree to give accurate account information (your name, email address, cell phone number, zip code and anything else we ask for) and to keep it current. You are responsible for keeping your password to yourself and for everything that happens through your account, whether or not you authorized it. Tell us promptly at golf@bigfairways.com if you think someone else has got in.
One person, one account. You may not share an account, sell it, transfer it, or open one on behalf of anyone else without our written permission.
Big Fairways lets you record golf scores, run and settle side games, calculate team and individual results, track statistics and handicap-related numbers, identify courses, dates, playing partners and groups, and display rankings, leaderboards, points, achievements and history.
Big Fairways is an entertainment and recordkeeping service. It is not a governing body for golf handicaps and it is not affiliated with the USGA, the R&A, the World Handicap System, GHIN, any golf association, any club, or any course. We do not guarantee that any score, handicap, index, course handicap, side-game result, payout figure, ranking, statistic, course rating, slope, yardage, hole information or rules interpretation is official, complete, current, or accurate, and none of it is accepted by any golf association, tournament, club, sportsbook, or financial institution unless that body says so itself.
Any handicap number Big Fairways displays is our own calculation from the rounds entered into the app. It is not an official Handicap Index® and must not be represented as one.
Big Fairways gives you tools to track points, presses, teams, skins, junk, banker games and other arrangements golfers make among themselves. Big Fairways does not accept wagers, hold or transmit player funds, act as a bookmaker, set odds, guarantee payment, collect debts, or act as an escrow agent or stakeholder. Money, if any, moves between you and the people you play with, entirely outside the Service.
You are solely responsible for deciding whether any side game, wager, prize, contest or transfer of value is legal where you are and permitted by your club and course, and for complying with those laws and rules. You are solely responsible for collecting what you are owed and paying what you owe. We are not a party to your game and we will not referee your disputes.
We may limit, disable or remove any feature, for anyone or everyone, where we believe its use may create legal, regulatory, tax, safety or operational risk.
“User Content” means anything you submit, enter, upload, create or make available through the Service: scores, statistics, round details, comments, profile information, photographs, group information, course selections, playing-partner information and everything else.
As between you and Big Fairways, you keep whatever ownership rights you have in your User Content. You grant Big Fairways a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, store, copy, reproduce, modify, adapt, translate, reformat, combine, analyze, aggregate, derive insights from, publicly display, publicly perform and distribute your User Content in order to operate, secure, maintain, develop, improve, personalize, promote, market and monetize the Service, in any media now known or later developed. This license lasts as long as we hold the content and survives your account being closed to the extent the content is embedded in another user's shared round, in aggregated data, or in backups.
You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe anyone's rights or break any law.
Aggregated and de-identified data. We may create, own and use information derived from use of the Service that no longer identifies you (scoring averages, course difficulty, game popularity, regional trends and similar) for analytics, benchmarking, product development, research, publication, marketing and other lawful business purposes, including after your account is closed. That derived information is ours.
Promotional use. If you post publicly to a Big Fairways leaderboard, event, or shared scorecard, you agree we may reference that public content and your display name in Big Fairways marketing. Tell us at golf@bigfairways.com if you would rather we did not, and we will stop.
How we collect, use, share, retain and protect personal information is set out in our Privacy Policy, which is incorporated into these Terms. Read it: it is short and it is in plain English.
Depending on where you live, you may have rights to access, correct, delete, port, or limit the use of your personal information, and to opt out of certain sharing or targeted advertising. Nothing in these Terms waives any right that applicable law says cannot be waived. Where those laws apply, the Privacy Policy explains how to exercise those rights.
Service messages. By creating an account you agree that we may contact you about your account and the Service by email, in-app message and push notification. These include sign-in and verification messages, password resets, security alerts, round and side-game notifications, invitations from your playing partners, receipts, support replies, and notices about changes to these Terms, our Privacy Policy or the Service. These are part of the Service and you cannot opt out of them while you have an account, other than by turning off push notifications on your device or closing your account.
Marketing email. If you tick the marketing box at signup, or opt in later, we may send you Big Fairways news, feature announcements, offers, cartoons and other promotional email. Every marketing email includes an unsubscribe link and our postal address. Unsubscribing from marketing does not stop service messages.
Text messages. If you separately tick the SMS box, you give your prior express written consent for Big Fairways and companies acting for us to send you recurring automated text messages (including messages sent using an automatic telephone dialing system) at the mobile number you gave us. Consent to receive texts is not a condition of creating an account or of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages. You confirm the number you gave us is yours and you agree to tell us at golf@bigfairways.com if it changes or is reassigned.
Push notifications. You can turn these on and off in your device settings at any time.
We keep a record of each consent you give and each one you withdraw, including the date, the channel and how it was given.
Parts of the Service are social by design. Depending on the feature and your settings, your display name, initials, profile colour, scores, handicap-related numbers, points, rankings, achievements, course history and group participation may be visible to other users, to anyone holding a shared scorecard link, or to the public. Your email address, phone number and zip code are not shown to other users.
If you enter a score, a name or any information for another person, you represent that you are allowed to do so for that purpose. Do not enter another person's personal information without a lawful basis and any permission required.
The Service (its software, source code, design, interfaces, graphics, artwork, characters, cartoons, text, branding, the Big Fairways name and logo, databases, compilations and everything we create) belongs to Big Fairways or our licensors and is protected by copyright, trademark and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for your own personal, non-commercial golf. Every right not expressly granted is reserved.
Feedback. If you send us ideas, suggestions, feature requests, bug reports or other feedback, you assign them to us, and to the extent an assignment is not effective you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable right to use them for any purpose without restriction, attribution or compensation.
The Service relies on and links to third parties: hosting, databases, maps, course and tee data, analytics, email and messaging providers, payment processors and others. We do not control them and we are not responsible for their availability, accuracy, security, terms or privacy practices. Course names, ratings, slopes, pars, yardages and hole handicaps may come from third-party sources or from users, and may be wrong or out of date.
The Service is currently offered free of charge. We may introduce paid products, subscriptions, premium features, advertising, sponsorships or other ways of making money at any time. We will tell you the price and billing terms before we charge you anything and will get any consent the law requires. Paid features may carry extra terms. Unless the law says otherwise, fees already paid are non-refundable.
We may change, suspend or discontinue any part of the Service at any time, including features you rely on, without liability to you. We may also update these Terms.
For minor changes, we will post the revised Terms and update the effective date at the top of this page. For material changes, we will give you notice by email, in the app, or both, at least 14 days before they take effect, and where the law requires it or enforceability depends on it, we will ask you to accept the new version. Continuing to use the Service after a change takes effect means you accept it. If you do not accept it, stop using the Service and close your account. Changes do not apply retroactively to a dispute of which we already had notice.
We may suspend or terminate your access, remove content, or close your account at any time, with or without notice, if you break these Terms, if we believe you create legal, security or financial risk, if you abuse the Service or another user, if required by law, or if we discontinue the Service. We may also close accounts that have been inactive for more than 24 months, after emailing the address on the account.
You may stop using the Service at any time and may ask us to delete your account through the process in the Privacy Policy, subject to lawful retention. Scores you posted inside another player's round stay on that card, because it is their card too.
Sections that by their nature should survive do survive, including sections 4, 5, 6, 9, 10, 12 and 15 through 21.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BIG FAIRWAYS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY SCORE, HANDICAP, CALCULATION, SETTLEMENT FIGURE OR COURSE DETAIL WILL BE CORRECT, OR THAT DATA WILL NOT BE LOST. YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN RECORD OF ANYTHING THAT MATTERS TO YOU.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TODAK & ASSOCIATES, LLC (DOING BUSINESS AS BIG FAIRWAYS) AND ITS MEMBERS, OWNERS, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, PERSONAL OR GROUP DISPUTES, OR ANY MONEY LOST, WON, UNPAID OR MISCALCULATED IN ANY SIDE GAME, WAGER OR SETTLEMENT, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID BIG FAIRWAYS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY WHERE LIABILITY CANNOT LAWFULLY BE LIMITED, INCLUDING FOR OUR OWN FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE APPLICABLE LAW SO PROVIDES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Todak & Associates, LLC and its members, owners, affiliates, officers, managers, employees, contractors and agents from and against any claims, demands, liabilities, damages, losses, judgments, penalties, and reasonable legal fees and costs brought by a third party and arising out of or relating to: your use of the Service; your breach of these Terms; your User Content; any information you entered about another person; any side game, wager, prize or payment dispute you are involved in; or your violation of any law or the rights of anyone else. We may take over the defence of any matter at your expense, and you will not settle anything affecting us without our written consent. This section does not require you to indemnify us for our own conduct where the law does not permit it.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIM.
Before starting arbitration or a small-claims case, you agree to send a written Notice of Dispute to golf@bigfairways.com describing the problem, what you want, and your account email. We will do the same for any claim against you. The parties will try in good faith to resolve it for 30 days after the notice. This step is a condition of starting a formal proceeding.
Except as stated in 18.4, you and Big Fairways agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (including its formation, interpretation, breach, termination, enforceability, and whether a claim is subject to arbitration) will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The Federal Arbitration Act governs this section. The arbitrator's award is final and may be entered as a judgment in any court with jurisdiction. Unless the parties agree otherwise, any in-person hearing will take place in Pierce County, Washington, or, at your election, in the county where you live; you may also elect a telephone or video hearing.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BIG FAIRWAYS AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THAT CLAIM OR REQUEST WILL BE SEVERED AND HEARD IN COURT, AND ALL OTHER CLAIMS WILL PROCEED IN ARBITRATION.
Either party may bring an individual claim in small claims court if it qualifies, and either party may ask any court for temporary or permanent injunctive relief to stop infringement or misuse of intellectual property, unauthorized access to the Service, or breach of section 9.
You may opt out of section 18.2 and 18.3 by emailing golf@bigfairways.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Include your name, your account email, and a clear statement that you opt out of arbitration. Opting out does not affect anything else in these Terms, and we will not hold it against you.
To the maximum extent permitted by law, any claim arising out of or relating to the Service must be filed within one (1) year after it arises, or it is permanently barred.
Except where preempted by the Federal Arbitration Act or where applicable consumer law gives you a non-waivable right to another forum or another body of law, these Terms and any dispute arising out of them are governed by the laws of the State of Washington, without regard to its conflict-of-law rules, and by applicable federal law. For any dispute not subject to arbitration, you and Big Fairways consent to the exclusive jurisdiction and venue of the state and federal courts located in Pierce County, Washington, and waive any objection to that venue.
You consent to receive these Terms, the Privacy Policy, notices, disclosures, and other records from us electronically, by email to the address on your account or by posting them in the app or on this site. You agree that ticking a box, clicking a button or using the Service is your electronic signature and is as binding as a signature on paper under the federal E-SIGN Act and the Washington Uniform Electronic Transactions Act. You may withdraw this consent by closing your account, and you may request a paper copy of any record by writing to golf@bigfairways.com. To receive electronic records you need a device with a current browser, an email address and the ability to save or print PDFs. Keep a copy of these Terms for your records.
Entire agreement. These Terms, the Privacy Policy and any supplemental terms are the whole agreement between you and Big Fairways about the Service and replace anything said or written before.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest stays in full force.
No waiver. If we do not enforce a provision, that is not a waiver of it or of anything else.
Assignment. You may not assign or transfer these Terms or your account without our written consent, and any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganisation or sale of all or part of our business.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, weather, fire, flood, labour disputes, war, terrorism, epidemic, government action, internet or hosting failures, and utility or carrier outages.
No third-party beneficiaries. These Terms do not give rights to anyone other than you and Big Fairways, except that our members, affiliates, officers, employees, contractors, licensors and service providers may enforce sections 15, 16 and 17.
Relationship. Nothing here creates a partnership, joint venture, employment or agency relationship between you and Big Fairways.
Notices. We may give you notice by email to the address on your account, by in-app message, or by posting on this site; notice is effective when sent or posted. Send legal notices to us at golf@bigfairways.com and to the postal address below.
Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafter.
Export and sanctions. You represent that you are not located in, or a national or resident of, a country subject to U.S. embargo, and that you are not on any U.S. government restricted-party list.
Language. These Terms are written in English, and the English version controls.
Todak & Associates, LLC
d/b/a Big Fairways
[STREET ADDRESS]
Auburn, WA [ZIP]
United States
Support and legal notices: golf@bigfairways.com
Contact form: bigfairways.com/contact
Version 2026-08-01 · Effective 1 August 2026