Terms of Service
Welcome to http://www.maverickssurfcompany.com (the "Website"). The Website is owned and operated by Mavericks Surf Company LLC (referred to herein as "MSC," "we," "us" and "our").
By using the website you also represent that you are at least 13 years old. Mavericks does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us.
You acknowledge that this agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the website and receipt of data, materials and information available at or through the website.
RESTRICTIONS ON USE OF MATERIALS
Trademarks. Mavericks Surf Company, Mavericks Surf, Maverick Surf Dog, Jeff Clark Surfboards, Find Your Wave and other trademarks, service marks, trade names, and trade dress indicated on our website are trademarks or registered trademarks of MSC. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the website confers on you any license or right under any patent or trademark owned or controlled by MSC or any third party.
Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the website are the copyrighted property of the artist (with permission for MSC's use) or to MSC to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the website confers on you any license or right under any copyright of MSC or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of MSC or its lawful successors and assigns.
For usage permission, please contact us via e-mail.
You do not have to register to view the website. You can visit the website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you may be required to register for an account in order to access the full features of the website, including but not limited to the ability to purchase products through the website. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MSC immediately of any breach of security or unauthorized use of your account. MSC will not be liable for any losses caused by any unauthorized use of your account. MSC reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.
NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, please provide us with the following information:
(1) Identification of the copyrighted work claimed to have been infringed, its use on our site and the request to have it removed;
(2) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(3) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(4) A physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
A claim of copyright infringement on the website can be mailed to Mavericks Surf Company, 25 Johnson Pier, Half Moon Bay, CA 94019.
LICENSE AND WEBSITE ACCESS
MSC grants you a limited, revocable and nonexclusive license to access and make personal use of the website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MSC. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the website nor any portion of the website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MSC. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MSC without express written consent of MSC. You may not use meta tags or any other hidden text using MSC’s name or trademarks without the express written consent of MSC. Any unauthorized use will immediately terminate the permission or license granted by MSC.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MSC so long as the link does not portray MSC or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by MSC in its sole discretion. You may not use any MSC logo or other proprietary graphic or trademark as part of the link without express written permission of MSC. You may not make any other part of the website, other than the home page of the website, available as part of another service without prior written permission from MSC.
You agree to comply with all applicable laws in connection with your use of the website, and such further limitations as may be set forth in any written or on-screen notice from MSC. As a condition of your use of the website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by this agreement. All information that you provide in connection with any interaction with the Website must be accurate, complete, and current.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE WEBSITE IS PROVIDED BY MSC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSC MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL MSC, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO MSC THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW AND DISPUTES
This agreement, your rights and obligations, MSC’s rights and obligations, and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.
Any dispute relating in any way to your visit to the website or to products you purchase through the website shall be submitted to confidential arbitration in San Mateo County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in San Mateo or San Francisco County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this Agreement shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You hereby agree to indemnify, defend, and hold MSC, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with MSC in the defense of any claim. MSC reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
MISCELLANEOUS LEGAL PROVISIONS
MSC may discontinue this website at any time and for any reason, without notice. MSC may change the contents, operation, or any and all other features of this website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MSC as a result of this agreement or your use of the website. Nothing contained in this agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by us with respect to such use. A printed version of this agreement and of 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.
MSC’s failure to enforce any provision of this agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this agreement or to act with respect to similar breaches.
If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the website and its contents, and supersedes any prior or contemporaneous communications between you and MSC regarding the website and its contents.
All rights not expressly granted herein are hereby reserved to Mavericks Surf Company.