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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this
site agree that access to and use of this site are subject to the following
terms and conditions and other applicable law. If you do not agree to these
terms and conditions, please do not use this site.
Copyright
The entire content included in this site,
including but not limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the
property of www.surfsidemoto.com. The collective work includes works that are
licensed to www.surfsidemoto.com. Copyright 2006-2012, www.surfsidemoto.com ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
www.surfsidemoto.com or purchasing www.surfsidemoto.com products. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with www.surfsidemoto.com or to purchase www.surfsidemoto.com
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by www.surfsidemoto.com. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service marks and trade names
of www.surfsidemoto.com used in the site are trademarks or registered trademarks
of www.surfsidemoto.com
Warranty Disclaimer
This site and the materials and products on
this site are provided "as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible pursuant to applicable
law, www.surfsidemoto.com disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. www.surfsidemoto.com does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that this
site or the server that makes the site available are free of viruses or other
harmful components. www.surfsidemoto.com does not make any warrantees or
representations regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on warranties, so
the above limitations may not apply to you.
Limitation of Liability
www.surfsidemoto.com shall not be liable for
any special or consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance of the products,
even if www.surfsidemoto.com has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical Errors
In the event that a www.surfsidemoto.com
product is mistakenly listed at an incorrect price, www.surfsidemoto.com
reserves the right to refuse or cancel any orders placed for product listed at
the incorrect price. www.surfsidemoto.com reserves 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 cancelled, www.surfsidemoto.com shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to
you upon your accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be terminated by
www.surfsidemoto.com without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
www.surfsidemoto.com may deliver notice to
you by means of e-mail, a general notice on the site, or by other reliable
method to the address you have provided to www.surfsidemoto.com.
Miscellaneous
Your use of this site shall be governed in
all respects by the laws of the state of California, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of www.surfsidemoto.com
products) shall be in the state or federal courts located in Los Angeles County,
California. Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of www.surfsidemoto.com products)
must be commenced within one (1) year after the claim or cause of action arises.
www.surfsidemoto.com's failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions.
www.surfsidemoto.com may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including a www.surfsidemoto.com or
other licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal offense,
violate the rights of any party or which may otherwise give rise to liability or
violate any law. You may not upload commercial content on the site or use the
site to solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
www.surfsidemoto.com does not and cannot
review all communications and materials posted to or created by users accessing
the site, and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you with the
ability to view and distribute user-generated content on the site,
www.surfsidemoto.com is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents or
activities on the site. However, www.surfsidemoto.com reserves the right to
block or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to www.surfsidemoto.com in
its sole discretion.
Indemnification
You agree to indemnify, defend, and hold
harmless www.surfsidemoto.com, its officers, directors, employees, agents,
licensors and suppliers (collectively the "Service Providers") from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful conduct) by you or any
other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to
our visitors, www.surfsidemoto.com may link to sites operated by third parties.
However, even if the third party is affiliated with www.surfsidemoto.com,
www.surfsidemoto.com has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of
www.surfsidemoto.com. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, www.surfsidemoto.com
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
Last Updated
5/29/2012 |
