Terms of Service

Last Updated: December 3, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Aqua East Surf Shop, Inc ("Company," "we," "us," or "our") concerning your access to and use of the aquaeastsurf.org website (the "Site").

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

3. Access to the Site

3.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes.

3.2 Restrictions

You agree not to:

• Use the Site for any illegal purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Site or its related systems
• Interfere with or disrupt the Site or servers or networks connected to the Site
• Use any robot, spider, or other automatic device to access the Site
• Reproduce, duplicate, copy, sell, or exploit any portion of the Site without our express written permission
• Transmit any viruses, malware, or other malicious code
• Collect or harvest any information from the Site

4. Intellectual Property Rights

4.1 Our Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Aqua East Surf Shop, Inc, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Trademarks

The Aqua East Surf Shop name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aqua East Surf Shop, Inc or its affiliates. You must not use such marks without our prior written permission.

5. User-Generated Content

5.1 Submissions

Any information, feedback, or content you submit through the Site (such as through contact forms) may be used by us for any purpose without compensation or attribution to you.

5.2 Prohibited Content

You may not submit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Contains viruses or other harmful code
• Violates the privacy or publicity rights of others

6. Third-Party Links and Resources

The Site may contain links to third-party websites or resources. We are not responsible for the availability, content, or practices of these third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

7. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Site will be uninterrupted, secure, or error-free
• The results obtained from the use of the Site will be accurate or reliable
• Any defects or errors will be corrected

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AQUA EAST SURF SHOP, INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS ($100).

9. Indemnification

You agree to defend, indemnify, and hold harmless Aqua East Surf Shop, Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

10. Privacy

Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.

11. Geographic Restrictions

We operate the Site from the United States. We make no representation that the Site or its content is accessible, appropriate, or legal for use in other locations. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Jacksonville, Florida.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15. Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Aqua East Surf Shop, Inc regarding the use of the Site.

17. Contact Information

If you have any questions about these Terms, please contact us:

Acknowledgment: By using the Site, you acknowledge that you have read these Terms of Service and agree to be bound by them.