Terms & Conditions

Terms of Use


By visiting or shopping at our website, you automatically signify your acceptance of the following terms and conditions:

Privacy


Please review our Privacy Policy to understand our practices.

Errors and Inaccuracies


Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice. We have made every effort to display accurately the color of the products depicted on this website. However, we cannot guarantee that the actual colors displayed on your monitor are accurate.

Electronic Communications


When you visit our website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. 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.

Comments


We welcome your comments about the website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through the website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of Awesome Surfboards. Your submission of any such Comments shall constitute an irrevocable assignment to Awesome Surfboards of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Awesome Surfboards and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Links


This website may contain links to other sites. Awesome Surfboards is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by Awesome Surfboards. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.

Copyright and Trademark


All materials on this website, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Awesome Surfboards, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this website, as well as the software used in the design and development of this website. All rights are reserved, worldwide.

The name and mark Awesome Surfboards, the Awesome Surfboards logos, and all other Awesome Surfboards-related marks depicted in this website, whether registered or unregistered, are trademarks or service marks of Awesome Surfboards in the United States.

The materials contained in this website are displayed for informational and promotional purposes only. This website is solely for private, personal, and non-commercial use. You may download or copy materials in this website solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this website, any of the materials in this website, or any related software. Any other use of materials on this website, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Awesome Surfboards, is strictly prohibited.

Disclaimer of Warranty; Limitation of Liability


You understand and agree that your use of the website is at your sole risk. The website and related services are provided on an “as is”, “as available” basis without warranties or representations of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion under law. You specifically acknowledge that Awesome Surfboards, its affiliates, suppliers, advertisers, sponsors, third party service providers, and their respective employees, officers, directors, and agents, shall not be responsible or liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages or injury arising out of the use of or inability to use the website or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the website, whether for breach of contract, tortious behavior, negligence, or under any other cause of action even if Awesome Surfboards or such party has been advised of the possibility of such damages. Awesome Surfboards neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the website, nor for any offensive, defamatory, or obscene posting made on the website by anyone. Under no circumstance will Awesome Surfboards be liable for any loss or damage caused by your use or reliance on information obtained through the content and/or any postings on the website.

Indemnity


You agree to defend, indemnify and hold harmless Awesome Surfboards, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this website.

Termination


Your only right with respect to any dissatisfaction with these Terms of Use, any policy or practice of ours in operating the website, or any content available through the website or any change therein, is to stop visiting and using the website. We may terminate your use of the website, including without limitation, your membership in the website, at any time, in our sole discretion.

Applicable Law


These terms and your use of this website shall be governed under the laws of the State of California, without regard to its conflict of law principles. Any dispute arising under these terms or out of your use of this website shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles. By using this website, you hereby agree to the personal jurisdiction of, and venue in, such courts.

Modification; Severability


We reserve the right to make changes to our website, policies, and these terms of use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.