Welcome to The Surfing Heritage Foundation’s (“SHF”) web site (the “Web site”). Please read the terms and conditions of this user agreement (“User Agreement”) for using SHF’s Web site. By using the Web site and the information and services available through the Web site, including, but not limited to, the Board Registry, you agree to follow and be bound by this User Agreement. If you do not agree to the terms and conditions set forth in this User Agreement, do not use the Web site.
SHF owns the Web site and reserves the right, at its discretion, to modify the terms and conditions of the User Agreement at any time and any such modification will be effective immediately upon posting the modification. You should check these terms and conditions periodically for modifications. If you use the Web site after we post modifications to the Web site, then you will be bound by such modifications.
This User Agreement is in addition to any other agreements between you and SHF, and any other agreements that govern your use of products, services, content, tools and information available on the Web site.
Use of the Web site
The Web site is intended only for your personal, non-commercial use and display. SHF hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within this Web site and the documents, graphics and media incorporated on those pages, provided that you agree not to remove any copyright or other notices contained therein. In addition, you may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, data, information, software, products or services obtained from this Web site unless you have obtained the prior written permission of SHF. SHF reserves all rights not expressly granted herein, and expressly reserves the right to monitor any and all use of this Web site.
In consideration of your use of this Web site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree that you will: (a) not violate any laws, third party rights, or our policies; (b) provide true, accurate, current and complete information about yourself and your surfboard(s) in the Board Registry; (c) not circumvent or manipulate our fee structure, the billing process, or fees owed to SHF; (d) not post false, inaccurate, misleading, defamatory, or libelous content; (e) not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm SHF, its Web site or the users thereof; (f) not copy, modify, or distribute content from the Web site and SHF’s copyrights and trademarks; and (g) not harvest or otherwise collect information about users, including email addresses, without their consent. If you provide any information that is untrue, inaccurate, not current or incomplete, or SHF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SHF has the right to suspend or terminate your account and refuse any and all current or future use of the Web site.
“The Surfing Heritage Foundation,” and all graphics, logos, page headers and service names are trademarks of SHF. SHF’s trademarks may not be used in connection with any product or service that is not SHF’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SHF. All other marks appearing on this Web site are the exclusive property of their respective owners. All content, and the compilation thereof, on this Web site, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, is the exclusive property of SHF or its content vendors and is protected by United States and international copyright laws. All software used on this Web site is the exclusive property of SHF or its software suppliers and is protected by U.S. and international copyright laws and other laws.
When you visit the Web site or send e-mails to SHF, 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 this site. 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.
When you provide us content (e.g., by creating an account and/or registering your board in the Board Registry), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (We need these rights to host and display your content.) If, for any reason, you believe that your work has been copied in a way that constitutes copyright infringement, please contact SHF at [ADD CONTACT INFO FOR COMPLAINTS].
Fees and Services
Creating an account on this Web site is free. However, SHF charges fees for using other services, such as registering your board on the Board Registry. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to our fees are effective immediately after we post the changes on the Web site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Web site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Web site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (which include charging other payment methods on file with us or retaining collection agencies/legal counsel).
If you use this Web 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. If you are under 18, you may use this Web site only with involvement of a parent or guardian. SHF reserves the right to refuse service, terminate accounts, and remove or edit content in their sole discretion.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE Web site IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, SHF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE Web site AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE Web site, INCLUDING, BUT NOT LIMITED TO THE BOARD REGISTRY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHF MAKES NO WARRANTY THAT:
- THE Web site WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- THE Web site WILL BE UNINTERRUPTED, TIMELY, SECURE or FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS or OTHER HARMFUL COMPONENTS;
- THE SERVICES AND RELATED CONTENT OFFERED ON THE Web site, INCLUDING THE BOARD REGISTRY, WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION or OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Web site WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- ANY ERRORS ON THE Web site WILL BE CORRECTED; AND
- THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE Web site ARE CORRECT, ACCURATE or RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Web site IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, VIEWING OR DOWNLOAD OF ANY SUCH CONTENT.
NOTE: CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability/Releases
BY USING THIS Web site, YOU EXPRESSLY AND GENERALLY RELEASE AND WAIVE ALL CLAIMS AGAINST SHF IN RELATION TO THE Web site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Web site; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Web site; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Web site; OR (v) ANY OTHER MATTER RELATING TO THE Web site.
YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT SHF OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE Web site SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE or OTHER OCCURRENCES BEYOND THE CONTROL OF SHF OR SUCH THIRD PARTIES.
You agree to indemnify and hold SHF and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web site, your use of the services provided on the Web site, including the Board Registry, your connection to the Web site, your violation of the this User Agreement, or your violation of any rights of another.
Entire Agreement. This User Agreement constitutes the entire agreement between you and SHF and governs your use of the Web site, superseding any prior agreements between you and SHF with respect to the Web site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SHF services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. This User Agreement and the relationship between you and SHF shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SHF agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California.
Waiver and Severability of Terms. The failure of SHF to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this User Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your SHF account is non-transferable and any rights to your SHF or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in this User Agreement are for convenience only and have no legal or contractual effect.
Arbitration of Disputes. Any dispute relating in any way to your visit to the Web site or its content shall be submitted to confidential arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate SHF’s intellectual property rights, SHF 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 User Agreement shall be joined to an arbitration involving any other party subject to this User Agreement, whether through class arbitration proceedings or otherwise.
SHF’s Address. 110 Calle Iglesia, San Clemente, CA 92672.