TERMS OF USE

1. Terms.

Welcome to SURFSET Fitness, Inc's ("SURFSET") website, www.surfsetfitness.com ("Website"). By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use together with our Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. However, the Privacy Policy does not supersede these Terms of Use and any conflict between the two shall be resolved in favor of the Terms of Use.

If you do not agree with any of these terms, you should not use or access this Website and are prohibited from becoming a registered user. The materials contained on this Website are protected by applicable intellectual property laws.

2. Intellectual Property.

© 20011-2012 SURFSET Fitness, Inc, Manchester, New Hampshire. All rights reserved.

RipSurfer X®, SURFSET™, and the SURFSET Fitness logo are trademarks or registered trademarks of SURFSET Fitness, Inc.

These marks are the brand names that serve to identify the unique products and programs offered by SURFSET. These trade and service marks should not be used to refer to goods or services other than those owned and offered by SURFSET.

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the copyright property of SURFSET Fitness, Inc or of our content suppliers. All content is protected by United States and international copyright laws, including by the Berne Convention for the Protection of Literary and Artistic Works. The compilation of all content on this site is the exclusive property of SURFSET Fitness, Inc and protected by United States and international copyright laws. All software used on this site is the property of SURFSET Fitness, Inc or its software suppliers and protected by United States and international copyright laws.

If you become aware of any unauthorized or improper use of any trademark, copyright, or patent belonging to SURFSET, please contact our office at (209)-819-SURF or write to SURFSET Fitness, Inc 55 S Commercial St Manchester, NH 03101 or email at hey@surfsetfitness.com.

3. Use License.

The content accessed on this Website, including for example the SURFSET Gym Owners Video or other Training Resources, are provided for your personal use, general information & convenience. The content provided to users on either the SURFSET Website or on any of its Official Social Media Pages can be shared via the provided options and with the following restrictions:

1.The Website is for personal, non-commercial transitory viewing and sharing only. A user's ability to view or share the protected intellectual property of SURFSET should not be construed as any transfer of rights, title or license;

2.Users do not have the right to modify or copy the material displayed on our Website, or to create any derivative works based on this material;

3.Use the materials for any commercial purpose, or for any public display or dissemination (commercial or non-commercial) unless authorized and permitted in writing by SURFSET.

4.Remove any copyright or other proprietary notations from the materials.

4. Disclaimer of Warranties.

The materials on the Website are provided on AS IS and AS AVAILABLE basis with NO WARRANTY of any kind.

SURFSET makes no warranties, express or implied, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SURFSET does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site. No advice or information obtained by you from SURFSET or through the Website shall create any warranty.

5. Limitations on Damages.

In no event shall SURFSET or its suppliers be liable for any loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) you may incur arising out of the use or inability to use the materials on SURFSET's Website, any reliance placed by you on the completeness, accuracy or existence of any advertising on our Website, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website, any permanent or temporary inaccessibility of the Website (or any features of the Website), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Website.

These limitations on SURFSET liability to you shall apply irrespective of whether SURFSET has been advised of or should have known of the possibility of any such losses.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata.

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

7. Links, User Sharing & User Generated Content.

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

This includes any third party service user's use to share information about SURFSET, its Website, or users. Accordingly, users should familiarize themselves with the terms of use for third party services they utilize, including but not limited to Facebook or Twitter.

8. License to SURFSET.

You retain the copyright you already hold in content you submit, post or display on or through the Website or an Official Social Media Page. By posting or submitting content to our Website or an Official Social Media Page, in accordance as well with our Social Media Disclaimer, you grant SURFSET a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute (through multiple tiers,) to digitally transmit, store, or perform, such contributed content, and to further sell, modify, create derivative works from or to incorporate such contributed content into other works in any form, medium or technology, whether no known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. Where permitted by applicable laws, you agree to waive any moral rights that you may have to your contributed content, or otherwise covenant not to enforce any moral rights against SURFSET.

9. Terms of Use Modifications.

SURFSET may revise these Terms of Use for its Website at any time without notice. By using this Website, and continuing to access the Website, you are agreeing to be bound by the then current version of these Terms of Use.

10. Governing Law.

Any claim relating to SURFSET's Website shall be governed by the laws of the State of New Hampshire without regard to any choice of law or conflict of law provisions. The Website is controlled and operated by SURFSET from its headquarters in Manchester, New Hampshire, USA. By accessing the Website you covenant that any court of competent jurisdiction in the County of Hillsborough, State of New Hampshire, shall have sole and exclusive jurisdiction over any claim or controversy arising from either the Terms of Use or Privacy Policy, and venue shall be proper in any such court. If you access the Website from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. SURFSET makes no representation that materials on this site are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

11. Integration.

These Terms of Use along with the Privacy Policy constitute the entire understanding and agreement between you the user and SURFSET with respect to the Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SURFSET with respect to this Website. A printed version, and of any electronic notices pertaining to the same, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

12. Severability.

If part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of either the Terms of Use or Privacy Policy which shall remain in full force and effect.

13. Privacy Policy.

SURFSET respects your privacy, and is committed to reasonable measures to safeguard any personal information you may share with us. We have provided an explanation in detail on how we fulfill this commitment and urge you to read our Privacy Policy.

TERMS OF SALE

TERMS AND CONDITIONS OF SALE
 

The following Terms and Conditions of Sale (the “Agreement”) constitute the complete understanding of SurfSET Fitness, Inc., a Delaware corporation (the “Seller”), having an address of 55 S Commercial St, Manchester, New Hampshire, and the buyer (the “Buyer”) of the stationary exercise surfboard,  RipSurferX® (the “Product”) from the Seller’s website, www.surfsetfitness.com (the “Site”).  Seller and Buyer are collectively referred to herein as the “Parties.”  The Parties hereby agree as follows:

 

1. Agreement. 

All sales of the Product by Seller on the Site shall be subject to, and made only on, the terms and conditions set forth in this Agreement. If any other terms and conditions have been submitted by the Buyer, they are rejected and these terms and conditions are proposed as a counteroffer. Acceptance of this offer, whether express or by action indicating intent to purchase the Product ordered, is limited to the terms and conditions stated in this Agreement. All subsequent actions shall be pursuant to this Agreement and any additional or different terms are hereby objected to and shall not be binding upon the Parties unless agreed to in writing by Seller.

 

2. Title to Products; Risk of Loss.  

Except as otherwise provided herein, title and risk of loss on all goods sold from the Site shall remain with Seller until delivery to Buyer's address indicated at checkout.  Seller shall prepare and pack the Product for shipment in accordance with good commercial practices to avoid damage.

 

3. Terms of Payment.  

Unless otherwise stated, full payment for the Product is due at the time the Product is ordered.

 

4. Intellectual Property Rights.  

Buyer agrees that SurfSET FitnessSM and SurfSETSM are trademarks and/or service marks of Seller and that the SurfSET FitnessSM logo was designed to designate products and services developed by Seller and that they may NOT be used by anyone who is not licensed by Seller. BUYER AGREES THAT UNDER NO CIRCUMSTANCES WILL BUYER USE THE SURFSET FITNESSSM OR SURFSETSM TRADEMARK, SERVICE MARK, OR LOGO WITHOUT FIRST OBTAINING A LICENSE TO DO SO FROM SELLER. Seller shall retain all copyright, patents, trademarks, service marks, trade secrets, and other intellectual property rights it possesses with regard to any and all design, process, or manufacturing technologies in connection with the Product. Nothing in this Agreement shall be construed to grant to Buyer any right or license in any copyright, patent, trademark, service mark, trade secret or any other intellectual property right.

 

5. Intended Use.  

The Product is intended for use in connection with exercise classes known as SurfSETSM Classes, which require specialized training and licensing from Seller.  BUYER AGREES THAT HE/SHE IS BUYING THE PRODUCT FOR PERSONAL USE WITHOUT OBTAINING LICENSING AND TRAINING FROM SELLER AND THAT THEREFORE HE/SHE SHALL NOT USE THE PRODUCT FOR ANY COMMERCIAL PURPOSE, INCLUDING FOR ANY FITNESS INSTRUCTION OR EXERCISE CLASSES, WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF SELLER.  

 

6. Prices.  

Except as expressly stated, prices are in U.S. Dollars and do not include state or local sales or use taxes or any other taxes that may be applicable to the sale of the Product.

 

7. Taxes.  

Buyer assumes all responsibility for applicable federal, state, municipal and other government taxes, tariffs, duties, and all other taxes on shipments of the Product.

 

8. Termination of Orders.  

Seller may terminate any orders if Buyer fails to pay any charge when due or fails to perform or observe any term or condition of this Agreement.

 

9. Inspection and Acceptance.  

Buyer shall have ten (10) calendar days after date of shipment of the Product to inspect the same and to notify Seller of any defect. If there is no such notice given within ten (10) calendar days after date of shipment of the Product, then the Product will be deemed accepted.

 

10. Limited Warranty.  

 

a. Seller warrants that for a period of [six (6) months] after delivery of the Product to Buyer the Product will be free from defects in material and workmanship and will conform to the published specifications, normal wear and tear from personal use excluded. This warranty extends only to Buyer and does not extend to any persons obtaining the Product from the Buyer. This warranty does not apply to Products that have been subject to negligence, accidents, misuse, commercial use, tampered with, or altered or repaired other than by Seller’s authorized personnel and agents.
 
b. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED.  Seller shall have no other obligation or liability of any kind.
 
c. All warranty claims shall be in accordance with the terms set forth in this Section 10. Buyer must notify Seller of all breaches of the product warranty. In order to make a warranty claim, Buyer shall notify Seller of the warranty claim in writing. Seller will evaluate the warranty claim request and if it determines that warranty coverage may apply, Seller will issue a return authorization to Buyer. Upon receipt of the return authorization, Buyer may return the defective product to Seller, at Buyer’s cost and to the location designated by Seller in the return authorization. Upon receipt of the returned product, if Seller determines that the product does not conform to the warranty, Seller, in its sole and absolute discretion, will repair the product or replace the product at Seller’s cost, or the Seller may refund the purchase price to Buyer.

 

11. Limitations of Liability.

 

a. Seller will not be liable for any claims, actions, suits, proceedings, costs, expenses, damages or liabilities arising out of the use of Product. Operation and use of the Product are the sole responsibility of the Buyer. The Seller’s sole responsibility is to provide the Product outlined herein. SELLER SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT TO SELL THE PRODUCT TO BUYER OR THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, INJURY AND OR DEATH, LOST INCOME, LOST REVENUE, LOSS OF GOODWILL, LOSS OF USE OR LOST PROFIT, WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT AT THE TIME OF PURCHASE, AND WHETHER OR NOT SUCH DAMAGES ARISE OUT OF A BREACH OF WARRANTY, A BREACH OF AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY.  THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DIRECT DAMAGES TO ANYONE, IN CONTRACT OR IN TORT, IS LIMITED TO THE LESSER OF THE FOLLOWING: (i) THE AMOUNT OF ACTUAL DAMAGES WHICH ARE PROVEN; OR (ii) THE PURCHASE PRICE OF THE PRODUCT. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATION SPECIFIED IS BUYER'S EXCLUSIVE REMEDY.
 
b. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DELAY, LOSS, DAMAGE OR PRODUCT FAILURE ATTRIBUTABLE TO ANY SERVICE, PRODUCT, OR ACTIONS OF ANY PERSON OTHER THAN SELLER, ITS EMPLOYEES AND DULY AUTHORIZED AGENTS.  SELLER SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER  HARMLESS FROM ANY CLAIMS BASED ON BUYER’S SPECIFICATIONS OR INSTRUCTIONS OR MODIFICATION OF THE PRODUCT BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS, OR USE BY ANY PERSON OTHER THAN BUYER.

 

12. Indemnification. 

Buyer shall defend, indemnify, and hold harmless Seller, its affiliates and their respective directors, officers, employees, and representatives from and against any and all claims, suits, losses, liabilities, obligations, causes of actions, damages, and expenses, including, but not limited to, the payment of settlements, judgments, and reasonable attorneys’ fees, relating to or arising out of any use of the Product by Buyer, Buyer’s employees or agents, or Buyer’s customers.

 

13. Applicable Law.  

This Agreement shall be governed by the laws of the State of New Hampshire, excluding the conflict of laws principals of that or any other jurisdiction. Each of the Parties agrees that any suit, action or other proceeding arising out of or relating to this Agreement shall be adjudicated in the State of New Hampshire. Each of the Parties hereto irrevocably consents to the jurisdiction of the courts of the State of New Hampshire and the United States District Court for the District of New Hampshire, as well as to the jurisdiction of all courts to which an appeal may be taken from such courts, and expressly waive any and all objections they may have to venue in such courts.

 

14. Assignment.  

This Agreement may not be assigned by Buyer without Seller’s prior, written consent.  Seller may, without Buyer’s consent, assign this Agreement.

 

15. Modification. 

 Any modification or waiver of any provision of these terms and conditions must be made in writing and be signed by authorized representatives of both Parties.

 

16. Severability. 

If any term or provision of these terms and conditions shall be held invalid or unenforceable, the remainder of such terms and conditions shall not be affected thereby and each term and condition hereof shall be valid and enforceable to the fullest extent permitted by law.

 

17. Waiver.  

A waiver by either of the Parties of any breach of these terms and conditions by the other party in a particular instance shall not operate as a waiver of subsequent breaches of the same or different kind. The failure of either of the Parties to exercise any rights under these terms and conditions in a particular instance shall not operate as a waiver of the party's right to exercise the same or different rights in subsequent instances.

 

18. Force Majeure. 

Seller shall not be held liable hereunder due to any cause beyond its control, including but not limited to acts of God, acts or civil or military authority, fires, epidemics, floods, riots, wars, sabotage, labor disputes, yield problems, government actions, or inability to obtain material, components, energy or transportation. In the event of any such delay, Seller’s failure to perform any obligation under these standard terms and conditions shall be extended.

 

19. Entire Agreement.  

This Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral agreements, conditions, understandings or representations.

 

20. Succession. 

These terms and conditions shall be binding upon and shall inure to the benefit of Seller and Buyer and their respective heirs, successors and permitted assigns.

 

21. Notices.  

All notices provided for by these terms and conditions shall be given in writing either by actual delivery or by registered or certified mail, return receipt requested, if to Seller, to the address given in the introductory paragraph of this Agreement, and if to Buyer, to the address provided by Buyer at checkout, and shall be deemed to be received on the date personally delivered or deposited in the mail (registered or certified mail, return receipt requested).

Questions about the Terms of Service should be sent to us at hey@surfsetfitness.com.

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