Surf Park Series Privacy Policy  

IMPORTANT: THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES (SECTION 10), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 11), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 16). PLEASE READ THEM CAREFULLY.

This is a Legal Agreement.

These Terms of Service (the “Terms”) establish a legal agreement between you and Concrete Swell, Inc. (DBA: Surf Park Series), and its affiliates (collectively referred to as “SPS”, “we” or “us”), governing your access to and use of the websites and online services that display or provide an authorized link to these Terms (collectively, the “Services”). The Services encompass, but are not limited to, surfparkseries.com.

Ecwid, Inc. and/or a successor or permitted assign of Ecwid, Inc. (“Ecwid”) may operate portions of the Services. By using the Services, you acknowledge and agree that Ecwid, its successors, permitted assigns, and affiliates are third-party beneficiaries of these Terms and have the right (and will be considered to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

Prior to using the Services, we urge you to carefully read these Terms. You may consider saving or printing a copy of these Terms for your reference. Your use of the Services indicates your understanding and acceptance of these Terms. Should you not agree with these Terms, please refrain from using the Services. We reserve the right to modify the Services or the Terms at any time to reflect changes in laws or regulatory requirements. If you use the Services after we post modifications to the Terms, you are thereby accepting those modifications.

Prohibited Content and Activities.

In your use of, or attempt to use, the Services, you are prohibited from undertaking actions that could harm us or any other individual or entity (referred to as a “person”), disrupt the functioning of the Services, or violate any laws. For instance, you are not allowed to:

Pretend to be someone else or falsify your credentials, association with any person, or the source of any information you provide; Engage in unauthorized scraping, spidering, or harvesting of content or information, or employ any other unauthorized automated means to gather information; Collect, transmit, store, or make available private information of any third party, including but not limited to, phone numbers, addresses, last names, email addresses, Social Security numbers, or credit/debit card numbers; Attempt unauthorized access to other computer systems, materials, information, or any services available through the Services; Use any device, software, or procedure to interfere or attempt to interfere with the proper operation of the Services, or attempt to probe, scan, test the security of, or breach the system, device, or network; Evade, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise modify or interfere with (or attempt to encourage, support, or participate in such activities) any software integral to the Services. The use or distribution of tools designed to compromise security (e.g., password cracking tools, network probing tools) is strictly forbidden; Use or attempt to use another person’s information, account, password, service, or system except as explicitly permitted; Perform actions that place an excessive or unreasonably large load on our network or infrastructure; Upload or transmit any communication, software, or material containing a virus or causing harm to our or our users’ devices, systems, or data; or Engage in any other behavior that prevents or inhibits individuals from utilizing or enjoying the Services, or that could expose us, users, or any third party to any form of liability, loss, or harm. Engaging in actions that violate system or network security or any other prohibited conduct may lead to civil or criminal liability. We may collaborate with law enforcement to prosecute users who breach the Terms. We reserve the right to suspend or terminate your access to the Services at any time and without prior notice, for any reason or no reason at all.

User Submissions.

Please refer to our Exclusive Content License & Submission Policy for detailed information.

Registration for Certain Services.

In certain instances, you may need to register for specific activities linked to the Services. When registering or providing any information for the Services, you commit to providing accurate, current, and complete data as requested or required. You agree to promptly update this information to ensure accuracy. We retain the right to suspend or terminate any account or registration and deny use of any current or future service if we suspect that the information you provided is inaccurate or incomplete. You are responsible for maintaining the confidentiality of your password and username, and for all activities conducted using your account.

Intellectual Property.

The content, information, software code, and any other materials comprising the Services—excluding your User Content (collectively referred to as “SPS Content”)—belong to SPS or third parties. You are authorized to access, use, and display the Services and print copies of SPS Content exclusively for non-commercial, personal, and informational purposes, without altering the material in any way, as long as you adhere to these Terms.

Copyright and Other Intellectual Property Rights. Specific SPS Content is safeguarded under the copyright regulations of the United States and other countries. You acknowledge that all copyrights and intellectual property rights associated with the Services are owned by SPS or its third-party licensors to the fullest extent authorized by the United States Copyright Act, international copyright laws, and all relevant legislation. Except if authorized by an approved party in writing or allowed by applicable law, you are prohibited from copying, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works from, transmitting, or otherwise using or exploiting any portion of the SPS Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 20. Copying or downloading SPS Content other than as stipulated above constitutes a violation of these Terms. Trademarks and Service Marks. You acknowledge and concur that (i) Surf Park Series, SPS, the SPS logo, “Who will Win the Fin,” “Win the Fin,” “A New Stage for Surfing” and the names, logos, and slogans of each Surf Park Series are registered trademarks of Surf Park Series; and (ii) all SPS logos, marks, Surf Park Series Team names, logos, marks, and other exclusive materials linked with the Services and SPS Content are the property of Surf Park Series or are licensed to SPS. Utilizing them for commercial purposes necessitates the prior written approval of Surf Park Series, Inc. or its designee, obtainable through the contact details provided in Section 20. Notice of Infringement. We respect intellectual property rights. If you believe your work has been duplicated on the Services in a manner that constitutes copyright infringement, please provide our designated agent with the following information in writing: An electronic or physical signature of the person authorized to act on behalf of the copyright owner; Identification of the copyrighted work or a representative list of the works alleged to have been infringed; Identification of the purportedly infringing material and information enabling us to locate the material; Your name, address, phone number, and email address, allowing us to contact you if necessary; A statement asserting that you genuinely believe the disputed use is not permitted by the copyright owner, its agent, or the law; and A statement made under penalty of perjury, affirming that the information in your notice is precise and that you are the copyright owner or authorized to act on behalf of the copyright owner. Our designated agent for copyright claims is:

Surf Park Series 

Attn: Legal Department 

135 liverpool Dr. Suite A #396

Cardiff by the Sea, CA 92007 

info@surfparkseries.com

Embedding Content. 

The Services may permit you to embed SPS Content into other web pages. The use of embedded SPS Content must be limited to non-commercial purposes only, and we maintain the right to disable such embedding at any time and for any reason, without notice. Prohibited commercial uses include, but are not limited to: Selling access to embedded SPS Content on another website; Using embedded SPS Content to generate advertising, subscription, or other revenue; Creating a website exclusively for aggregating a collection of embedded SPS Content and deliberately attempting to generate ad revenue from it; Employing embedded SPS Content that, in our sole discretion, competes with or supersedes the Services. You are prohibited from linking to our Services from any website requiring registration for access to content from our Services, or any site that collects personal information related to our Services. Prohibited commercial uses do not include using embedded SPS Content to showcase videos on an ad-enabled blog or fan site, provided such use does not generate advertising revenue or compete with the Services.

Linking to our Services.

You may link to our Services provided you do so in a fair and legal manner that does not harm our reputation or exploit it. Your linking method must not imply any form of association, endorsement, or approval on our part when none exists, and no link to our Services can be “framed” if the frame contains sponsorship, advertising, or commercial content. We hold the right to revoke linking permission without notice.

Change or Termination.

We retain the right to modify or terminate these Terms at any time, for reasons such as changes in laws or regulatory requirements. In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notification. We also maintain the right to adjust the price of any Services or other products available through the Services. We cannot be held responsible for errors in copy or images related to the Services or other products accessible through the Services. Any offer to sell Services or other products available through the Services may be discontinued at any time, at our sole discretion.

Sections of these Terms applicable in other scenarios will continue to be valid post-termination. We also retain the right to seek legal and equitable remedies for violations of these Terms. Upon termination, you must cease using the Services, including all SPS Content.

Privacy Policy.

By utilizing the Services, you acknowledge reviewing and understanding our Privacy Policy. You agree to (i) provide accurate, up-to-date, and complete information requested in any registration or forms (collectively referred to as “Registration Data”); (ii) safeguard your password and identification; (iii) maintain and promptly update Registration Data and other information provided to SPS; (iv) not sell, transfer, or assign your account; and (v) take full responsibility for account usage and any actions occurring through your account.

Links and Third-Party Content.

The Services may feature links to websites or online services managed and maintained by third parties, over which SPS has no control. These links should not be construed as endorsements by SPS of the content, individuals, or entities associated with those websites or online services. These Terms do not extend to such third-party websites and online services, which are outside the scope of the Services. We advise you to review the privacy policies and terms of use for these websites or services.

The Services may integrate third-party services, software, technology, data, and/or other content (collectively referred to as “Third-Party Materials”), either independently or as part of various programs, features, or functions within the Services. Your utilization of Third-Party Materials may be subject to terms of use other than these Terms, as defined by third-party providers. You acknowledge and agree that SPS assumes no liability regarding your use of such Third-Party Materials, whether or not you are aware of their use and regardless of whether such use of Third-Party Materials is endorsed or recommended by SPS.

Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONING OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES PROVIDED THROUGH THE SERVICES, OR RELATED TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT PROVIDED THROUGH THE SERVICES OR OTHERWISE BY SPS. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL SATISFY YOUR NEEDS OR THE NEEDS OF ANY OTHER INDIVIDUAL OR THE REQUIREMENTS STATED IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SPS CONTENT, FUNCTIONS, OR MATERIALS, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. SPS DOES NOT NECESSARILY SUPPORT, APPROVE, SANCTION, ENCOURAGE, OR AGREE WITH ANY SPS CONTENT OR USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES RELATED TO ANY USER CONTENT OR SPS CONTENT. SPS DOES NOT CLAIM THAT THE SERVICES ARE SUITABLE OR ACCESSIBLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION PROVIDED BY OR ON BEHALF OF SPS SHALL CREATE ANY WARRANTY.

IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN OR ALL IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

Exclusive Remedy and Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPS, ITS AFFILIATES, OR ANY PARTY ENGAGED IN THE OPERATION, CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING FROM THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING SPS CONTENT OR USER CONTENT, OR ANY WEBSITES LINKED FROM THE SERVICES. THIS INCLUDES DAMAGES ARISING FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR RELATED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR DOWNLOADING OF CONTENT FROM IT OR ANY WEBSITE LINKED TO IT.

SINCE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPS’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

ANY CLAIMS AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

Indemnification.

You agree to indemnify, defend, and hold harmless SPS, its affiliates, licensors, Surf Park Clubs, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns, from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including but not limited to reasonable attorneys’ fees and fees of other professional advisers, arising from or related to (i) your use of the Services (including your User Content and use of any SPS Content), (ii) your online behavior in connection with the Services, (iii) any breach or violation of these Terms by you, (iv) failure to comply with applicable laws or regulations while using the Services, (v) negligence, willful misconduct, or infringement of intellectual property or other rights of any individual through use of the Services, or (vi) any interactions or transactions with other individuals resulting from use of the Services. You shall not settle any such claim without prior written consent from SPS. These obligations remain effective even after termination of these Terms.

Integration, Severability, and Amendment.

These Terms encompass the entire agreement between you and SPS, surpassing all previous or simultaneous communications and proposals (whether oral, written, or electronic) between you and us. If any provision of these Terms is held unenforceable, it will not impact the validity or enforceability of the remaining provisions, and an enforceable provision closest to the intent of the unenforceable provision will replace it. If SPS modifies these Terms, the updated version will be posted within the Services. Utilizing the Services post-update constitutes your acceptance of the modified Terms. SPS may need to notify you of certain events concerning the Services and their use, with your use of the Services indicating your acceptance of receiving such notifications, which will become effective once posted on the relevant Services or, if chosen by us, emailed to an address you've provided.

No Waiver.

Our failure to enforce any provision of the Terms or respond to a breach by you or other parties shall not constitute a waiver of our subsequent right to enforce any terms or conditions of the Terms or to take action regarding similar breaches.

Assignment and Binding Effects.

You may not assign these Terms or any rights or obligations herein without prior written consent from SPS, and any such attempted assignment in violation of this provision will be void. SPS retains the right to assign these Terms and its rights or obligations herein. These Terms are binding on each party and their respective successors, heirs, trustees, administrators, executors, and permitted assigns.

Governing Law, Binding Arbitration, Class Action Waiver, Location, and Time Period for Bringing Notice of Claim.

These Terms are governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims under the laws of other states, countries, territories, or jurisdictions.

For any disputes arising from or related to the Services or these Terms (including the Privacy Policy), you and SPS agree to negotiate in good faith and make reasonable efforts to cooperate for a mutually satisfactory resolution. If informal negotiation fails to resolve a dispute, any further resolution will exclusively occur through binding arbitration, as outlined in this section. By choosing arbitration, you waive the right to litigate (or participate as a party or class member) in any court proceeding. Disputes will be resolved by a neutral arbitrator, whose decision will be final, subject only to a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

ANY DISPUTES ARISING FROM OR RELATED TO THESE TERMS SHALL BE HANDLED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, CONSOLIDATED, OR REPRESENTATIVE BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, AND YOU WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS ACTION SUIT OR CLASS-WIDE ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

All claims you bring against SPS must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, SPS may recover attorneys’ fees and costs, up to $5,000, provided that SPS notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

To initiate arbitration, you must first provide SPS with notice, which shall include a written description of the dispute and the relief you seek. Notices can be sent to:

Surf Park Series 

Attn: Legal Department 

135 liverpool Dr. Suite A #396

Cardiff by the Sea, CA 92007 

info@surfparkseries.com

Notices must be sent within the earlier of 90 days after the dispute arises or 30 days after you first became aware or reasonably should have become aware of the dispute. SPS will address your notice as per the following:

SPS will send you an email to your email address on record with us, describing in reasonable detail the nature and basis of the dispute, and indicating what you need to do to initiate arbitration; If we do not reach an agreement to resolve the dispute within 30 days after the notice is received, you may commence arbitration; The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is initiated (the “AAA Rules”), and will be conducted online or by phone, as selected by you; The arbitrator will be either a retired judge or lawyer with at least 10 years of experience, selected in accordance with the AAA rules. The arbitrator must be independent and impartial. The arbitrator will follow these Terms and can grant any relief that a court of competent jurisdiction could, but the arbitrator’s decision will be subject to very limited review by a court. The arbitrator will not be authorized to issue non-monetary or equitable relief of any sort, nor to certify a class action for any reason. The decision and any award regarding the dispute will be in writing and contain the facts and reasons for the decision. The arbitrator’s award shall be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Arbitration Rules with the remainder paid by SPS. If the arbitrator issues you an award that is higher than the value of SPS’s last written settlement offer made before an arbitrator was selected (or if SPS did not make a settlement offer before an arbitrator was selected), then SPS will pay you the amount of the award or $1,000, whichever is greater. Except for the above, each party will be responsible for its own fees, and costs. The location of arbitration shall be San Francisco, California, United States. The arbitration shall be conducted in the English language.

Entire Agreement.

These Terms, including all referenced documents and exhibits, constitute the complete and exclusive agreement between SPS and you concerning the subject matter herein, and they supersede all prior or contemporaneous proposals, understandings, representations, warranties, promises, or agreements, whether oral or written, regarding such subject matter.