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Effective: April 15, 2015 | Last Updated: Nov 18, 2018

Terms of Use Agreement

The following terms and conditions govern all use of the SurfersList website and all content, services, and products available at or through the website (the "Website"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SurfersList's Privacy Policy) and procedures that may be published from time to time on the Website (collectively, the "Agreement").

Please read this Agreement carefully before using this website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. This includes all users of the Website (the "Users"), whether or not one creates an account ("Account Registration"). Please read this Agreement in full and indicate your acceptance of it when you complete the Account Registration process in order to make use of the SurfersList services (the "Services") by following the instructions provided. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by SurfersList, acceptance is expressly limited to these terms.

This Agreement sets out the legally binding terms for your use of the Website Services. SurfersList may modify this Agreement from time to time and such modification shall be effective upon posting to the Website by SurfersList. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes SurfersList's policy for acceptable use and content posted on the Website, your rights, obligations, and restrictions regarding your use of the Website and the Services.

SurfersList Services

SurfersList is a website platform for posting images and data about extreme watersports equipment (the "Listing(s)" or "Equipment") for the purpose of discussing, buying and selling with other Users. SurfersList provides a platform for Users to create ("Post") Listings. All Listings are User-generated. The website is designed to help Users find, discuss, and buy / sell Equipment. SurfersList connects Users to facilitate the sharing of information about; the discussion of; and, optionally, the sale of Listings between Users.

Please see About, How It Works, and the FAQ for more details.

 

SurfersList also, optionally, helps faciliate the purchasing of certain Listings between Users -- namely, those which have been offered for sale by the Listing owner. This may or may not include the the transfer of funds. Listings are Posted, bought / sold, and delivered by Users.

Please see the descriptions for "Classified" versus "Buy-Now" Listings Types at Listing Details for more information.

 

SurfersList has no control over the truth or accuracy of the Listings, the ability of Users to sell Listings, or the ability of Users to pay for Listings. Further, SurfersList never owns and does not transfer legal ownership of the Surf Listings. Returns must be coordinated between users. It is recommended that returns only be authorized for verified shipping damage or if the Listing was found to be misrepresented by the User. Refunds must be coordinated with PayPal and can be initiated by submitting a dispute resolution following the PayPal Purchase Protection instructions. SurfersList cannot provide any refunds, because all transactions are made directly between Users.

Please read Ordering Information for more details.

 

If a Listing is sold and/or otherwise becomes unavailable, SurfersList requires that the User disable or remove the Listing. In the event that a User purchases an unavailable Surf Listing, the User who owns the listing is required to issue a full refund to the buying User for that item.

Account Registration

Users must complete Account Registration and register an account with SurfersList in order to make full use of all the Website Services. Users must register an account (the "User Account") to track order status, create a wishlist, view order history, and place an order for Listings offered for sale.

Please read Features and browse Profiles for more details.

 

Account Registration requires a name and validated email address. Additional personal information may be collected and saved (the "Account Info"), including, but not limited to address(es) and phone numbers. Account Info will NOT be disclosed on the Website unless as described in the Privacy Policy. After placing an order, User Account Info will be disclosed with the User selling the Listing purchased in order to complete the transaction. The owner of the User Account is the person who created the User Account. SurfersList reserves the right to disable or cancel any User Account at any time and for any good reason.

Please read Privacy Policy for more details.

 

Profile Page

The Website includes an index of Profiles to individual web pages (the "User Profile Page", "User Profile", or "Profile") for each User who completes the User Registration and activates a Profile. Information collected and stored in a User Account for the User's Profile Page ("Profile Info") may include a Profile Image, Profile Name / Title, Profile Description, PayPal Account E-mail Address, Profile Location (includes Country, State / Region, and City / Location), and Social Media links (which may include personal Website url, Facebook page, Twitter page, Pinterest page, Instagram page). User Profile Info is provided and approved by the Users during User Profile activation and when editing their User Profile. All of this information is fully disclosed on the User's Profile Page on the SurfersList website. Any and all potential Users and Website visitors can view the User Profile Page -- a login is NOT required.

Posting Listings

Listings are created by users who have activated a User Profile. Both new and used Equipment may be listed. Listing types can be "Not for Sale", "Classified", or "Buy Now". Listings not offered for sale will be assigned "Not For Sale". Listings offered for sale (optional) can be either "Classified" or "Buy Now". "Classified" listings can't be purchased on the website. "Buy Now" listings can be purchased by other user accounts.

Users must save a PayPal email address in the User Profile section of their account in order to Post "Buy Now" listings. Prices are saved in US Dollars. Conversion to other currencies is available and subjected to currency exchange fluctuations.

New listings are posted immediately and expire in 45 days. Listings renew automatically when updated and can also be renewed manually. SurfersList reserves the right to disable or remove any Listing on the Website at any time and for any good reason.

Browse some listings to see some examples for more details.

 

Public Discussions

All Listings and Profiles have a section for discussion ("discuss Tab") for Users to discuss Equipment specifications; offer rigging/tuning tips; describe first-hand feedback; provide additional details; ask questions; leave comments; share tips; and more. Any message submitted will be added to the public conversation for all other Users to read. An email is sent to the Listing/Profile owner and, optionally, the author (log in to submit discussion messages faster). Discussion messages may be managed and edited by Users from their account after they create a Profile and log in. Discussion messages are subject to review and moderation by SurfersList.

Private Messaging

Users can private message other User Profiles to ask general questions and privately discuss anything by submitting a Contact Form, which is also accessible on all Profile and Listing pages by clicking the contact buttons provided. Messages submitted privately through the Contact Form in this fashion will be emailed to both Users and include the submitting User's email address in the "Reply-To" field. The email address of the User Profile receiving the message is kept private and is never publically shared. See the Privacy Policy for more details.

Non-Exclusive Right to Sell

SurfersList does NOT retain any exclusive right to list and/or sell any Listing Posted on the Website. Users retain the right to sell their watersports equipment to others on any other additional venues or platforms that they so desire.

Users retain the right to sell their watersports equipment.

 

Account Cancellation

An User may cancel his/her User Account with SurfersList and the owner of the User Account may close his/her account with SurfersList any time by notifying the Website by e-mail. SurfersList will cancel the User Account / close the User Account as soon as possible. All User Info will be removed from the Website. Upon cancelation, the User will not be entitled to a refund of any previously charged subscription or advertising fees, if applicable. SurfersList reserves the right to cancel a User Account on the Website at any time and for any good reason.

Eligibility

Engaging in use of the Website and the Services, including registering for a User Account, is void where prohibited. By using the Website and the Services, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of SurfersList shall not violate any applicable law or regulation. You are solely responsible for all content published or displayed through your Account and Profile, including any comments or messages.

User Responsibility

The Website user assumes complete responsibility for any and all risks associated with using or accessing the Website. This includes, but is not limited to, computer viruses infecting the user's computer and/or other electronic equipment. Furthermore, be advised that SurfersList makes no guarantee that connection to the Website will occur in a timely manner or that the connection to the Website will not become interrupted.

Thus, the user agrees that at no time shall any SurfersList owner, affiliate, director, officer, employee, agent, representative, licensor, contractor and/or their respective heirs be held liable for damages of any kind related to or arising from access or use of this Website.

SurfersList reserves the right to revise, suspend or discontinue any portion of the Website without notice.

Term & Fees

This Agreement shall remain in full force and effect while you use the Website, the Services, and/or have a User Account. You may terminate your User Account at any time and for any reason by notifying SurfersList. SurfersList may terminate your User Account for any reason, effective upon sending notice to you at the email address you provide during User Registration or such other email address as you may subsequently provide to SurfersList. If SurfersList terminates your User Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if applicable). Even after your User Account is terminated, this Agreement will remain in effect. SurfersList's Terms of Use and/or subscription fees that were provided to you at User Registration may change from time to time. By using the Services and by User Registration, you acknowledge that SurfersList reserves the right to charge for the Services and has the right to terminate a User Account should the User breach this Agreement or fail to pay for the Services, as required by this Agreement.

Proprietary Rights in Content on SurfersList

The Website contains copyrighted material, trademarks, logos, and other proprietary information of SurfersList and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

I. You understand and agree that SurfersList may review and delete any content, message, photo, Account Info, or User Profile info (collectively, "Content") that in the sole judgment of SurfersList violates this Agreement or which may be offensive, illegal or violates the rights, harm, or threatens the safety of any User.

II. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website or any material or information that you transmit to other Users.

III. By posting any Content to the public areas of the Website, such as writing a review on an Listing, you hereby grant to SurfersList the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

IV. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. SurfersList reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the usership or account of such violators. Prohibited Content includes Content that:

  • is mean, offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • conduct that is abusive, threatening, obscene, defamatory or libelous
  • harasses or advocates harassment of another person
  • involves any unsolicited mass mailing or spamming
  • promotes information that you know is false or misleading
  • promotes illegal activities
  • promotes an illegal or unauthorized copy of another person's copyrighted work
  • contains restricted or password only access pages
  • provides material that is too sexual in nature
  • provides instructional information about illegal activities
  • solicits passwords or personal identifying information from others

V. You must use the Website and Services in a manner consistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, logos, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SurfersList to terminate the Account of any User or User who repeatedly infringes copyright upon prompt notification to SurfersList by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify SurfersList by email and provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the Website
  • your address, telephone number, and email address
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy. Except as provided in our Privacy Policy, SurfersList will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent, unless required by law. SurfersList stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

Disclaimers

SurfersList is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users or Users of the Website or by any of the equipment or programming associated with or utilized in the Services. SurfersList is not responsible for the conduct, whether online or offline, of any user of the Website or the Services. SurfersList assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or User communication. SurfersList is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services. Under no circumstances shall SurfersList be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline. The Website and the Services are provided "AS-IS" and SurfersList expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SurfersList cannot guarantee and does not promise any specific results from use of the Website and/or the Services.

Limitation on Liability

IN NO EVENT SHALL SURFERSLIST OR ITS MEMBERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICES, EVEN IF SURFERSLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SURFERSLIST'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO SURFERSLIST FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Revisions and Errata

The materials appearing on SurfersList's web site could include technical, typographical, or photographic errors. SurfersList does not warrant that any of the materials on its web site are accurate, complete, or current. SurfersList may make changes to the materials contained on its web site at any time without notice. SurfersList does not, however, make any commitment to update the materials.

Links

SurfersList has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SurfersList of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

SurfersList may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Disputes and Governing Law

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of South Carolina without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of South Carolina.

Indemnity

You agree to indemnify and hold SurfersList, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Miscellaneous

This Agreement is accepted upon your use of the Website and is further affirmed by you registering a User or User Account and/or becoming a User of the Services. This Agreement constitutes the entire agreement between you and SurfersList regarding the use of the Website and/or the Services. The failure of SurfersList to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.