Paddle Surf Warehouse Terms of Use
Welcome to the PaddleSurfWarehouse.com website (the "Site"). PaddleSurfWarehouse.com LLC provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject
to the terms and conditions of this Agreement, we hereby grant you a
limited, revocable, non-transferable and non-exclusive license to
access and use the Site by displaying it on your internet browser only
for the purpose of shopping for personal items sold on the Site and
not for any commercial use or use on behalf of any third party, except
as explicitly permitted by us in advance. Any breach of this
Agreement shall result in the immediate revocation of the license
granted in this paragraph without notice to you.
Except as
permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from,
translate, modify, reverse-engineer, disassemble, decompile or
otherwise exploit this Site or any portion of it unless expressly
permitted by us in writing. You may not make any commercial use of any
of the information provided on the Site or make any use of the Site
for the benefit of another business unless explicitly permitted by us
in advance. We reserve the right to refuse service, terminate
accounts, and/or cancel orders at its discretion, including, without
limitation, if we believe that customer conduct violates applicable
law or is harmful to our interests.
You shall not upload to,
distribute, or otherwise publish through this Site any Content,
information, or other material that (a) violates or infringes the
copyrights, patents, trademarks, service marks, trade secrets, or
other proprietary rights of any person; (b) is libelous, threatening,
defamatory, obscene, indecent, pornographic, or could give rise to any
civil or criminal liability under U.S. or international law; or (c)
includes any bugs, viruses, worms, trap doors, Trojan horses or other
harmful code or properties. Content provided on this site is solely
for informational purposes. It is your sole responsibility to consult a
licensed physician or qualified health care professional for advice,
diagnosis, and/or treatment of any health related condition.
Submissions or opinions expressed on this Site are that of the
individual expressing such Submission or opinion and may not reflect
our opinions. Product representations expressed on this Site are that
of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided
elsewhere in this Agreement or on the Site, anything that you submit
or post to the Site and/or provide us, including without limitation,
ideas, know-how, techniques, questions, reviews, comments, and
suggestions (collectively, "Submissions") is and will be treated as
nonconfidential and nonproprietary, and we shall have the royalty-free,
worldwide, perpetual, irrevocable and transferable right to use, copy,
distribute, display, publish, perform, sell, lease, transmit, adapt,
create derivative works from such Submissions by any means and in any
form, and to translate, modify, reverse-engineer, disassemble, or
decompile such Submissions. All Submissions shall automatically become
our sole and exclusive property and shall not be returned to you.
In
addition to the rights applicable to any Submission, when you post
comments or reviews to the Site, you also grant us the right to use the
name that you submit with any review, comment, or other Content, if
any, in connection with such review, comment, or other content. You
represent and warrant that you own or otherwise control all of the
rights to the reviews, comments and other Content that you post on this
Site and that use of your reviews, comments, or other Content by us
will not infringe upon or violate the rights of any third party. You
shall not use a false email address, pretend to be someone other than
yourself or otherwise mislead us or third parties as to the origin of
any Submissions or Content. We may, but shall not be obligated to,
remove or edit any Submissions (including comments or reviews) for any
reason.
INTELLECTUAL PROPERTY
All text, graphics, button
icons, images, audio clips, video clips and software (collectively,
"Content"), belongs exclusively to Paddle Surf Warehouse, or its
affiliates. The collection, arrangement, and assembly of all Content on
this Site (the "Compilation") belongs exclusively to Paddle Surf
Warehouse or its affiliates. All software used on this Site (the
"Software") is the property of Paddle Surf Warehouse, its affiliates or
its Software suppliers. The Content, the Compilation and the Software
are all protected by U.S. and international copyright laws.
PADDLESURFWAREHOUSE.COM and other logos, slogans, trade names or words
are registered trademarks, trademarks or service marks of Paddle Surf
Warehouse, its affiliates, suppliers, or third parties. The use of any
of our trademarks or service marks without our express written consent
is strictly prohibited. You may not use our trademarks or service
marks in connection with any product or service in any way that is
likely to cause confusion. You may not use our trademarks or service
marks in any manner that disparages or discredits us. You may not use
any of our trademarks or service marks in meta tags without prior
explicit consent.
PRIVACY POLICY
Please review our Privacy Policy,
which also governs your visit to this Site, to understand our
practices. Your shopping experience and privacy is very important to
us. For this reason we have instituted policies intended to ensure
that your personal information is kept safe and confidential. This
Privacy Policy is intended to ensure that your information is safe with
us. As our company grows and implements new tools and technologies
to improve the services we provide our valued customers, this policy
may evolve. We therefore encourage you to refer to this policy on an
regular basis so that you understand our current privacy policy. We
will only use your information to confirm your credit card, and
shipping information for your order(s). The only information that is
shown to our employees outside our billing department is your shipping
information. All credit card information is kept strictly
confidential within our billing department. If you are on our e-mail
newsletter list you will receive periodic emails about sales, special
member benfitis and other events that are happening with Paddle Surf
Warehouse / PaddleSurfWarehouse.com. We do not and will not ever sell
or share your information with any third parties.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of
loss and title for items purchased by you pass to you upon our delivery
of the items to the carrier pursuant to our standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition
to any other legal or equitable remedies, we may, without prior
notice to you, immediately terminate the Agreement or revoke any or
all of your rights granted under this Agreement. Upon any termination
of this Agreement, you shall immediately cease all access to and use
of the Site and we shall, in addition to any other legal or equitable
remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of this
Site in whole or in part. Any termination of this Agreement shall not
affect the respective rights and obligations (including without
limitation, payment obligations) of the parties arising before the
date of termination.
INTERNATIONAL ACCESS
This Site may be accessed
from countries other than the United States. This Site may contain
products or references to products that are not available outside of the
United States. Any such references do not imply that such products
will be made available outside the United States. If you access and use
this Site outside the United States you are responsible for complying
with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED. 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 UNINTERRUPTED OR ERROR FREE. 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.
TYPOGRAPHICAL ERRORS
In the event a product is
listed at an incorrect price or with incorrect information due to
typographical error or error in pricing or product information received
from our suppliers, we shall have the right to refuse or cancel any
orders placed for product listed at the incorrect price. We shall have
the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is canceled,
we shall immediately issue a credit to your credit card account in the
amount of the charge.
LINKS
This site may contain links to other sites
on the Internet that are owned and operated by third parties. You
acknowledge that we are not responsible for the operation of or content
located on or through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual
property of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, please contact us
immediately.
REMEDIES
You agree that our remedy at law for any
actual or threatened breach of this Agreement would be inadequate and
that we shall be entitled to specific performance or injunctive
relief, or both, in addition to any damages that we may be legally
entitled to recover, together with reasonable expenses of any form of
dispute resolution, including, without limitation, 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. No instance of waiver by us of
our rights or remedies under these terms and conditions shall imply
any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This site is created and
controlled by us in the State of California, USA. As such, the laws of
the State of California will govern these disclaimers, terms, and
conditions, without giving effect to any principles of conflicts of
laws.
DISPUTES
Any dispute relating in any way to your
visit to the Site or to the products you purchase through the Site
shall be submitted to confidential arbitration in California except
that to the extent you have in any manner violated or threatened to
violate our intellectual property rights, we may seek injunctive or
other appropriate relief in any state or federal court in the State of
California. You hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to venue
and jurisdiction in the state and federal courts of California.
Arbitration under these Terms of Use shall be conducted pursuant to the
Commercial Arbitration Rules then prevailing at the American
Arbitration Association. The arbitrator's award shall be final and
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class action proceedings or otherwise. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of, related to or connected with the use of the Site or this
Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever banned.
SEVERABILITY
If any these provisions shall be
deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed several and shall not affect the validity and
enforceability of any remaining provision.
OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Paddle Surf Warehouse.com LLC, 643 W. 17th Street, Costa Mesa, CA 92627
