Terms & Conditions

 HAVASU WATERSPORTS

A Surf 9 Brand 

 

Last updated June 5, 2023 

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. Surf 9 LLC ("SURF 9," “we,” “us,” or “our”) maintains this website (the “Site”) as a service to SURF 9’s customers, and by using the Site you are agreeing to comply with and be bound by the following terms of use (this “Agreement”). Please review the following terms and conditions carefully and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from the Site. 

  

  1. Entire Agreement.  This Agreement, and all SURF 9 policies referenced herein, constitute the entire and only agreement between SURF 9 and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on SURF 9 only if agreed in writing by you and an authorized representative of SURF 9. This Agreement may be amended by SURF 9 at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 

  1. Use of the Site. By accessing the Site and/or ordering any product, you are agreeing to not use SURF 9’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party. 

  1. Accounts, Passwords, and Security. Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site. If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is your responsibility to maintain the confidentiality of your password and account. For more information regardingSURF 9’s use of your personal information, please see our Privacy Policy. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify SURF 9immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. SURF 9 is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us. 

  1. Verifying Your Address. SURF 9 reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from SURF 9. 

  1. Fraud. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by SURF 9 in its sole discretion. 

  1. Copyrights and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, SURF 9 does not waive any right in such information and materials. 

  1. Product Information and Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Most products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed on the Site when shipping to the United States are quoted in U.S. Dollars. 

  1. Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). 

  1. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any SURF 9 content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of SURF 9, in any other manner that is likely to cause confusion among consumers, that disparages or discreates SURF 9 and/or its licensors, that dilutes the strength of SURF 9, or that otherwise infringes SURF 9’s intellectual property rights.  

  1. Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from the Site have been copied in a way that constitutes copyright infringement, please notify us at legal@Surf 9.com, and provide the following information ("Notice"): 

    • Your physical or electronic signature. 
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works. 
    • Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material. 
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). 
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. 
    • A statement that the information in the written notice is accurate. 
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.  
Please note that this procedure is exclusively for notifying SURF 9 that your copyrighted material has been infringed. Upon receipt of your notification, SURF 9 will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products. 
  

  1. Privacy Policy and Use of Information. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. On certain areas of the Site, you may be given the ability to provide us with personal information, directly or through automated means. SURF 9 reserves the right, and you authorize SURF 9, to collect, use, and disclose your personal information regarding use of the Site in any manner consistent with SURF 9’s Privacy Policy (including and except for activities for which we first require your explicit consent to be given through other means). If you disclose to us or our service providers, contractors, or third parties, any personal information relating to other people in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with the Privacy Policy. Please read our Privacy Policy for more details about our information practices. 

  1. Credit Card Payments. You represent and warrant that if you are purchasing something from SURF 9 with a credit card that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. SURF 9 does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders place by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in SURF 9’s sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them. 

  1. Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. SURF 9 will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments. 

  1. Links to Other Web Sites. The Site contains links to other websites. SURF 9 is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by SURF 9. Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by SURF 9. If you decide to leave the Site and access these third-party sites, you do so at your own risk. 

  1. Submissions. All suggestions, ideas, notes, proposals, concepts, content, artwork, and other information you may from time to time send to SURF 9 (collectively, “Submissions”) shall not be subject to any obligation of confidence on SURF 9’s part. Without limiting the foregoing, you grant SURF 9 a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, edit, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions without compensation to the provider of the Submissions.  
    Designs created using the text tools and images available through the product customization service on the Site are in no way the exclusive property of the customers who assemble such designs. SURF 9retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, SURF 9provides no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. 
    SURF 9 reserves the right to re-purpose Submissions for marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials. 

  1. Custom Products. SURF 9 values respect, tolerance and open dialogue, and we serve a diverse and varied customer base. SURF 9 has the sole discretion to reject any order that we deem inappropriate for production, including those designs or text that we deem to: 

    • Contain obscene, vulgar or profane content, including hate speech or symbols, 
    • Contain explicit sexual content or innuendo, 
    • Encourage violence, hate or negative stereotypes against individuals or groups, 
    • Attack, harass or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation or gender identity, 
    • Incite public outrage or inspire violence, 
    • Portray or promote irresponsible use of alcohol or other substances, or 
    • Libel or defame an individual or group. 

  1. Customer Ratings and Reviews; User Content License. By submitting any customer ratings, reviews, and related content (including, but not limited to, photographs) (collectively, the “User Content”) to SURF 9, you represent and warrant that: 

    • you are at least eighteen (18) years of age, 
    • the User Content is your original creation, and it was not taken from any website, social media posting, or elsewhere; 
    • you have all necessary rights and authority to grant the rights granted herein, and that SURF 9’s use of the User Content in accordance with this Agreement will not violate the rights of any third party; 
    • you have consent from any and all persons appearing in the User Content to grant the rights described in this Agreement; 
    • SURF 9’s use of the User Content will not violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, or proprietary rights; 
    • the User Content is not libelous, defamatory, obscene, pornographic, harassing, hateful, racially or religiously biased or offensive, or otherwise unlawful; and 
    • you agree that SURF 9’s use of the User Content does not and will not require payment to any person or entity and does not require approval or consent by any other person or entity 
    • You further agree and warrant that you shall not submit any User Content: 
    • That is known by you to be false, inaccurate or misleading; 
    • That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); 
    • For which you were compensated or granted any consideration by any third party; 
    • That includes any information that references other websites, addresses, email addresses, contact information, or phone numbers; and 
    • That contains any computer viruses, worms or other potentially damaging computer programs or files. 

 
For any User Content that you submit, you grant SURF 9 a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, edit, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world without compensation to you. All User Content that you submit may be used at SURF 9’s sole discretion. SURF 9 may use your User Content on webpages and social media pages operated by SURF 9, in promotional e-mails and advertisements, and in any and all marketing, promotional and advertising initiatives, in any and all formats, whether now known or hereafter developed. SURF 9 reserves the right to change, condense or delete any User Content on the Site that SURF 9deems, in its sole discretion, to violate these User Content guidelines, product usage guidelines, or any other provision of this Agreement. SURF 9 does not guarantee that you will have any recourse through SURF 9 to edit or delete any User Content you have submitted. Ratings and written comments are generally posted within two to four business days. However, SURF 9 reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not SURF 9, are responsible for the contents of your submission. None of the User Content that you submit shall be subject to any obligation of confidence on the part of SURF 9, its agents, subsidiaries, affiliates, partners, service parties, contractors, or third parties and their respective directors, officers and employees. By submitting your email address in connection with your rating and review, you agree that SURF 9 and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes. 

  1. Return Policy. SURF 9 and SURF 9 brands' return policy is a part of this Agreement. You are responsible for inspecting products promptly upon delivery. 

  1. Order Modification/Rejection. SURF 9 reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, SURF 9 will issue a credit to your credit card account for the amount rejected. 

  1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SURF 9 OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING SURF 9'S SERVICES AND PRODUCTS BE LIABLE 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 SURF 9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) 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 SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

  1. Disclaimer. SURF 9 makes no representations about the reliability of the features of the Site, the SURF 9 content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated and administered by SURF 9 from within the United States. SURF 9makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN.  

  1. Promotions and Promotional Communications. On the Site, you may be able to participate in or sign up for surveys, sweepstakes, contests and other promotions (collectively “Promotions”). If you choose to participate in these Promotions, we may ask you for information such as your name, email address, postal address, telephone number, and other identifiers. We use the information you provide to us in accordance with our Privacy Policy. The Promotions may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms. 

  1. Indemnity. You agree to defend, indemnify and hold SURF 9 and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights. 

  1. Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to SURF 9 shall be sent by mail to Surf 9 LLC, Attn: Legal, 24850 Old 41 Rd Ste 6, Bonita Springs, FL 34135. In the case of notices SURF 9 sends to you, you consent to receive notices and other communications by SURF 9 posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that SURF 9 provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

  1. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to Surf 9 LLC, Attn: Legal, 24850 Old 41 Rd Ste 6, Bonita Springs, FL 34135. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210. 

  1. Applicable Law and Disputes; Arbitration. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Florida, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of SURF 9 products via SURF 9.com) shall be resolved exclusively by final and binding arbitration taking place in Florida under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Florida, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. 
     
    Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of SURF 9 products via SURF 9.com) must be commenced within one (1) year after the claim or cause of action arises. 
     
    THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 
     
    BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.  

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