INTRODUCTION

These Terms and Conditions (“Agreement” or “Terms”) constitute a binding written agreement between Sharp Prognostics LLC DBA Surfsyde and its affiliated entities (collectively “Company,” “we,” “us,” or “our”) and you (“you” or “Customer”). To make these Terms easier to read, the services offered by the Website are collectively called “Services.”

This Website is operated by the Company. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE. THESE TERMS ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOGOFF IMMEDIATELY. Your use of this Website, purchase or use of any of our products constitutes your agreement to these Terms and Conditions.

ACCEPTANCE OF TERMS AND CONDITIONS

By accessing or making any use of our Websites (“Website” or “sites”), Services, and any purchase from us, you expressly agree to the terms contained herein.

You consent and agree that your use of a keypad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.

CHANGES TO TERMS OR SERVICES

The Company reserves the right to make changes to the sites, policies, and to this Agreement at any time and without notice. YOU SHOULD PRINT A COPY OF THIS AGREEMENT AND CHECK BACK FREQUENTLY FOR UPDATES. Your continued use of our sites or of any purchased product or service following any future amendment constitutes your acceptance of any modified terms. If you have any questions regarding these terms, please contact customer care (see below).

 

CANCELLATION POLICY

 

No cancellation is allowed after purchase, except where required by law or otherwise allowed herein. Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipped. Due to the high volume of orders we receive, we will be unable to stop an order after submitted. PLEASE ORDER CAREFULLY.

 

REVERSALS AND CHARGEBACKS

 

The Company considers chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and will be treated as such. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services. IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED WITH THE CARDHOLDER’S BANK, REFUND REQUESTS WILL BE DENIED TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.

 

CREDIT CARD DECLINES

 

In the event a credit card transaction declines, after product has been shipped or received, and you have not exercised your cancellation rights per these Terms, we reserve the right to reprocess the transaction in full.

 

Contact customer care (see below) if you have additional questions regarding credit card declines.

 

ACCOUNT PROFILE & ORDERING POLICY

 

When ordering, it is your responsibility to ensure that all order and profile information submitted to us is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order. 

We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with us.

We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. We will either not charge you or refund the charges for orders that we do not process or cancel.

 

THIRD-PARTY SITES

The Company sites contain links to other sites, resources and advertisers. Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external site’s administrator or webmaster.

 

SITE CONTENT AND CONTENT RIGHTS

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or sites; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services or sites. Content includes without limitation User Content. Any information submitted on the site is subject to the terms of which are incorporated herein.

The Company neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the sites, nor for any offensive, defamatory or obscene posting made by any user. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the sites. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or other content, including but not limited to financial, health, or lifestyle information, opinion or other content.

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by the company. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

 

LINKING TO WEBSITE AND SOCIAL MEDIA 

Any links to our homepage must be fair and legal and should not in any way damage our reputation or take advantage of it.  Do not suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website or Send emails or other communications with certain content, or links to certain content, on this Website.

You may use these features solely as they are provided by us/ and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Website other than the homepage.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

FOR USE IN THE UNITED STATES OF AMERICA ONLY

The operator of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

USE AT YOUR OWN RISK – DISCLAIMER OF WARRANTIES 

we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkS to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE IN ANY WAY.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

REVIEWS, COMMENTS, E-MAILS, AND OTHER CONTENT; OWNERSHIP AND REMOVAL

 

Visitors and users may post reviews, comments, and other content, 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 injurious to third parties or objectionable 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 a card or other content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable 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 Company and its associates and sub-licensees 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 Company or its associates for all claims resulting from Content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any Content posted by you or any third party.

 

You can remove your User Content by deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the sites. Company and its associates are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

Regarding any material you submit to The company or post on our websites or affiliated sites, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that:

 

The company shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to you;

The company may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and

The company is not and shall be under no obligation to: (i) pay any compensation for any Submissions; (ii) attribute any Submissions to you; (iii) respond to any Submissions; or (iv) keep any Submissions confidential.

 

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are not always reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the public.

 

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials.

 

LIMITED RIGHT TO USE

 

The viewing, printing or downloading of any Content, graphic, form, or document from the site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the site. Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the Content of the site other than for your personal use; and unauthorized framing or linking to the site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

 

DISCLAIMER OF WARRANTY

 

The materials contained on the site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or other violations of rights. We assume no liability or responsibility for any errors or omissions in the content of the Services or site, that defects will be corrected, or that any Company site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the site; any losses or damages arising from the use of the content provided on the sites; or any conduct by users of the site, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the materials on any Services or sites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

 

LIMITATION OF LIABILITY

 

Under no circumstances, including, but not limited to, negligence, shall Company, its officers, directors, employees, or agents be liable (jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the site, even if Company or any Company representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

 

AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

WE BOTH AGREE TO ARBITRATE: You and THE COMPANY agree to resolve any claims relating to these Terms of Sale through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate THE COMPANY’s’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

 

LINKS

 

The site may provide links to other World Wide Web sites or resources not directly affiliated with Company. We have not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Company sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Company with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Company nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this site. No link to the site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Company.

 

YOUR MEMBERSHIP 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. If you are under eighteen (18) years of age, you may use our website only with involvement of a parent or guardian. Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Surfsyde Rewards Program

 

ELIGIBILITY: Surfsyde Rewards Program (“Program, Rewards, Loyalty program”) is open to legal residents of the fifty (50) United States and District of Columbia, 18 years of age or older. Employees, officers and directors of the company and any of its affiliated companies are not eligible to participate. VOID WHERE PROHIBITED BY LAW.

 

PROGRAM REGISTRATION: In order to be eligible to earn points, you must first create an account by completing the free registration process on the Website and agreeing to participate in the Program. Limit one (1) account per person/email address.

 

HOW TO EARN POINTS: You can earn points as part of this Program by participating in various activities listed on the Website. Each time you return to the Website to complete one or more Qualified Activities, you must login in order to receive credit for those completions. The types and duration of Qualified Activities will vary from time to time. The latest information about Qualified Activities will be available on the Rewards Website, so please check back regularly.

 

Purchases and Returns: If you wish to earn points through purchases on the Website ensure you are logged into your Program account on the Website. Taxes and shipping and handling charges are also excluded when calculating qualifying purchase amounts. You will earn points on the qualifying purchase subtotal rounded to the lowest 10 dollars, after all discounts have been applied but before applicable taxes, shipping and handling.

If products are returned for a refund to the original payment method, points will be deducted from your account for the amount of return, net of taxes, shipping and handling when the product(s) is/are received at the warehouse (note: your account may have a negative balance if the dollar amount returned is greater than your current points account balance).

Other Qualified Activities: The number of points you can earn by completing a non-purchase Qualified Activity will be stated on the Rewards Website. There may be limitations placed on how often and/or how many total points you can earn by completing any Qualified Activity, and any such limitations will be stated on the Rewards Website.

Social Media Qualified Activities: You can earn points through the various social media Qualified Activities listed on the Rewards Website. Note also that your account must be connected to your applicable social media accounts in order to earn points. As with other Qualified Activities, there may be limitations placed on how often and/or how many total points you can earn by completing any Social Media Qualified Activity, and any such limitations will be stated on the Rewards Website. You should be careful that your behavior when participating in any of these Qualified Activities will not be deemed “spamming” or in violation of any of the applicable social media platforms’ terms and conditions. In the event the company determines, in its sole discretion, that you are abusing these Social Media Qualified Activities, your account may be terminated and any points earned for these Qualified Activities will be forfeited.

You agree not to abuse the Rewards Website and any social media platforms connected to the Program by conduct which is detrimental to the interests of the company, including without limitation, attempting to accrue points or redeem points in a manner inconsistent with these Rewards Terms or the intent of these Rewards Terms, attempting to earn points through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools.

 

The company reserves the right to add, modify and/or delete any Qualified Activity, the points you can earn in connection with completing any Qualified Activity and/or any limitation placed on total points you can earn in connection with any Qualified Activity. For a complete list of Qualified Activities and the corresponding number of points you can earn for each Qualified Activity, please visit the Rewards Website.

 

Recently purchased items will have pending points. Your points will be awarded after your order has shipped or deposited into your account following confirmation of a completed Qualified Activity. Points cannot be transferred or redeemed for cash. Qualified Activity completions or registrations or points generated by script, macro or other automated means will be void. The company’s decision with respect to the number of points accumulated are final and binding.

 

MEMBER LEVELS/POINT LIFE CYCLE: There are two levels within the Program which are determined by the number of points that you accumulate in your account (each, a “Member Level”). Earn greater than and including 500 points in that calendar year and you will proceed to Low tide status. Earn greater than and equal to 1000 points within that calendar year and you will proceed to High tide Status.

 

NOTE: Program participants will be sent emails about up-coming sales and promotions but only if you’re opted in for Marketing emails. Otherwise, you probably won’t hear about these sales.

 

The company reserves the right to extend, modify, or discontinue this program and/or any offers at any time.

 

POINT EXPIRATION: Once you register for the Program, all points expire every calendar year. It is your responsibility to monitor your Program account and points status. Please note that making a purchase by redeeming a reward coupon code for free product does not qualify as a “purchase” for the purpose of this determination.

 

HOW TO REDEEM POINTS: To redeem your points for a reward item, visit the Rewards Website and follow the directions provided. Each reward item has its own specific points value as set forth on the Rewards Website.

 

You are responsible for all federal, state and local taxes as well as any other costs or expenses associated with a reward item not specified herein or on the Website as being provided. Rewards are considered taxable income and are subject to local, state and federal taxes. When the value of the reward items for which you have redeemed points reaches USD $600 or more in a calendar year, a 1099 tax form will be generated and mailed to you for tax reporting purposes. The company recommends that you keep all account statements sent to you when you redeem points for reward items for your record keeping purposes.

 

Reward items will be mailed to the mailing address provided at checkout or the email address provided in your Program account within 6-8 weeks, as applicable not barring any delays out of our control including but limited to pandemics. Please note that you may be charged shipping and handling fees as noted on the Website (during checkout) for any reward items mailed to you, unless a shipping promotion applies (if any). You are responsible for updating your registration information. No reward items will be shipped to destinations outside the United States. Rewards that can be delivered electronically will be delivered in approximately 48 hours from the date the redemption is fully processed. The Rewards Released Parties (as defined below) shall not be liable for any damages, losses or delays in connection with any shipments.

 

Reward coupon codes towards purchases on our site may only be redeemed by the Program member to whom the reward coupon code was issued. Reward coupon codes are not redeemable for cash. Reward coupon codes cannot be applied to previous purchases. Reward coupon codes may not be combined with any other discounts, promotions or offers, except for any shipping promotions available on the Website (if any).

 

If you choose to use your points to help support the Charitable organization supported by Surfsyde, your points donation will not be tax deductible to you. Decisions with respect to how points will be used for such causes will be determined by the company in its sole and absolute discretion.

 

GENERAL CONDITIONS: This Program is not valid with in combination any other programs offered by the company. By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless the company, its parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Rewards Released Parties”) from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Reward or products attained, achieved or received through this Program. All applicable federal, state and local laws and regulations apply.

 

The Rewards Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected points, reward requests, reward items or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of points, the announcement of the Rewards or in any Program-related materials. Persons found tampering with or abusing any aspect of this Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Terms and Conditions as solely determined by the company may be removed from the Program and all points will be void. The Rewards Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Program or downloading materials from or use of the Website.

 

We reserve the right at any time to modify, suspend or cancel the Program at any time. Any changes the company makes will be effective immediately upon notice, which it may give either by posting the new Terms and Conditions on the Website or via e-mail to you. Your participation in the Program after such notice will be deemed acceptance of such changes, so please check back regularly for any updates and changes. All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud and abuse, will be resolved by the company.

 

Your participation in the Program constitutes permission for the company and its designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

 

PERSONAL INFORMATION: Your personal information collected in connection with this Program will be used in accordance with the Privacy Policy.

 

HOW TO CONTACT US: For information about your account, to update your account information or to review the most recent terms and conditions, visit Surfsyde.com and login into your account.

 

Recycle Rewards Program

 

The Recycle Rewards Program is a subset of the Surfsyde Rewards program with the following additional structure and terms:

 

Proof of purchase of the product being recycled or repurposed within 12 months prior to submission of claim must be provided at time of submission. Clear photographs showing the branded merchandise being recycled at an appropriate facility or being repurposed per the DIY projects posted on our website must be sent to the email listed on the website.

 

All photographs and materials submitted with the claim irrespective of issuance of reward become the property of Surfsyde for use at our discretion and with full license.

 

Decisions with respect to the acceptability of the submission materials and issuance of the reward will be determined by the company in its sole and absolute discretion. We reserve the right to deny any claim without cause. We reserve the right at any time to modify, suspend or cancel the Program at any time.

 

RISK OF LOSS

 

All items purchased from Company are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

 

Company and its associates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to return it in unused condition.

 

INDEMNITY

 

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents, from and (i) against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the site or (ii) your breach of these Terms or (iii) your infringement of any intellectual property or privacy right of any person. Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

 

AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

WE BOTH AGREE TO ARBITRATE: You and THE COMPANY agree to resolve any claims relating to these Terms of Sale through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate THE COMPANY’s’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in the State of North Carolina, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and THE COMPANY. If any provision of this Section is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

 

WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 8 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced

 

Further, you agree that any issue or dispute arising out of or in connection with your use of our site, intellectual property, the Terms, or any matter concerning Company shall be governed by the laws of the United States and the State of North Carolina with venue in the State of North Carolina. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

By using the site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Company makes no representation that materials contained in the site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services or site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Central District of North Carolina, USA.

 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and THE COMPANY in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing THE COMPANY at contact@Surfsyde.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms of Sale. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website. Do not use this website or purchase any of our products should you choose to opt our of the arbitration agreement.

 

TRADEMARKS

 

This website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Company. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of Company or its Affiliates, unless you first receive the prior written consent of Company, which Company may grant or withhold in its sole discretion.

 

COPYRIGHTS

 

The copyright in all materials provided on the site is owned by Company or its affiliate(s).

 

Subject to the following exception, none of the material contained in the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Company. Site visitors may only view, copy, print and download the materials on the site for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

TERMINATION

 

Company reserves the right to terminate your access to the site or any of its services if it determines that you do not comply with these Terms; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Company’s rights or interests in its site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Services and site and destroy all materials obtained from such site and all copies thereof, whether made under these Terms or otherwise.

 

LEGAL DISCLAIMER

 

The information contained on this website is for informational use only and should not be construed as medical advice. Read the entire label before using any Company product, and follow all directions.

 

Statements made by Company have not been evaluated by the food and drug administration. The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use products as per instructions and always watch for any allergic reactions.

 

The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment.

In the event that any individual should use the information presented on this site without a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s approval, that individual will be diagnosing for him or herself.

 

No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website.

 

This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.

 

AGREEMENT

 

If a court finds any portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire agreement between you and the Company relating to the site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer or assign your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.

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