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SurfINSIDE's Terms and Conditions

 
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Conditions of Use

 To insure a safe, friendly environment for our users, Surfinside has established the following Terms of Use. By accessing any pages of Surfinside.com, you agree to be legally bound and to abide by the terms and conditions described below. Surfinside.com is owned and operated by Surfinside Inc.. Any references herein to Surfinside.com shall be deemed to refer to surfinside.com, the surfinside.com web site and/or Surfinside Inc. where applicable.

COPYRIGHT

All content included on this site, such as text, images, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and other material is the property of Surfinside Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Surfinside Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Surfinside Inc. or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

SURFINSIDE, SURFINSIDE.COM, and other marks indicated on our site are registered trademarks of Surfinside, Inc. or its subsidiaries, in the United States and other countries. AND other Surfinside.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Surfinside, Inc. or its subsidiaries. Surfinside Inc trademarks and trade dress may not be used in connection with any product or service that is not Surfinside Incís, in any manner that could confuse customers, or in any manner that could cause damage to Surfinside Inc. All other trademarks not owned by Surfinside, Inc. or its subsidiaries that appear on this site are the property of their respective owners.  These owners may or may not be affiliated with, or sponsored by Surfinside, Inc. or its subsidiaries.

LICENSE AND SITE ACCESS

Surfinside.com grants you a limited license to access and make personal use of the Surfinside.com website and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Surfinside.com. You may not use any meta tags or any other "hidden text" utilizing Surfinside.com's name or trademarks. Any unauthorized use terminates the permission or license granted by Surfinside.com and can make you liable for damages. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Surfinside.com so long as the link does not portray Surfinside.com, its affiliates, or their products or services in a false, misleading, or otherwise negative manner. You may not use any Surfinside.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR SURFINSIDE.COM ACCOUNT

If you use this site, 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. Surfinside.com sells some products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Surfinside.com only with involvement of a parent or guardian. Surfinside.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Surfinside.com users may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise damaging to third parties or Surfinside.com and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you provide. Surfinside.com reserves the right to remove or edit content you provide.

If you do post content or submit material, and unless we indicate otherwise, you grant Surfinside.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Surfinside.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Surfinside, Inc. or its affiliates for all claims resulting from content you supply. Surfinside, Inc. has the right to monitor and edit or remove any activity or content. Surfinside, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Surfinside, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

CONTENT DESCRIPTIONS

Surfinside, Inc. and its affiliates attempt to be as accurate as possible with content including, but not limited to, product descriptions and pricing. However, neither Surfinside, Inc. nor its affiliates guarantee or warrant that the content of this site is accurate, complete, reliable, current, or error-free.  It is the sole responsibility of you and/or users to evaluate the information, opinion, advice, or other content available through Surfinside.com.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by Surfinside, Inc., we cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be priced inaccurately. If we realize you ordered an inaccurately priced item, we are likely to do one of the following:

  • If an item's correct price is lower than our published price, we will charge you the correct price and ship you the item.
  • If an item's correct price is higher than our published price, we will either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

SALES TAX

Surfinside, Inc. shall automatically charge and withhold applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to states other than California.

OTHER BUSINESSES

Surfinside.com provides links and reference to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Surfinside, Inc. does not assume any responsibility or liability for the actions, product, and/or content of all these and any other third parties.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY SURFINSIDE, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. SURFINSIDE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SURFINSIDE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SURFINSIDE, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SURFINSIDE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURFINSIDE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Surfinside.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these terms and Conditions of Use and any dispute of any sort that might arise between you and Surfinside, Inc. You agree that the sole jurisdiction and venue for any litigation arising from your use of Surfinside.com shall be an appropriate federal or state court located in San Diego County California.

DISPUTES

Any dispute relating in any way to your visit to Surfinside.com or to products or services you purchase through Surfinside.com shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Surfinside, Incís intellectual property rights, Surfinside, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be 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 arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy posted on Surfinside.com. These policies also govern your visit to Surfinside.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.  By visiting the Surfinside.com web site, you agree to be bound by these Conditions of Use.