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Terms of Service

These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, our “Services”) provided by Surf Sweets or its affiliates (collectively, “Surf Sweets,” “surfsweets.com,” “our,” “us” or “we”). By accessing or using our Services, you agree to these Terms, If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver at the end of this document, do not access or use our Services.

Any new features or tools added to the current store shall also be subject to the Terms of Service. We may make changes to these Terms from time to time. Depending on the nature of the change, we will provide notice of such modifications, such as by sending an email notification, providing information through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date below. Unless we say otherwise in our notice, the amended Terms will be effective immediately. Your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop accessing and using our Services.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to this agreement’s terms and conditions, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If we make changes, we will notify you by revising the date at the bottom of the Terms of Use. In some cases, we may provide you with additional notice, such as adding a statement to our homepage or sending you an email push notification.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

ELIGIBILITY

You must be at least 16 years of age to access or use our Services. In addition, if you are between the ages of 16 and 18 (or between 16 and the age of legal majority under applicable law), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Suppose you are a parent or legal guardian of a user under 18 (or the age of legal majority). In that case, you agree to be fully responsible for the acts or omissions of such users in connection with our Services. Suppose you are accessing or using our Services on behalf of another person or entity. In that case, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

USER ACCOUNTS
AND ACCOUNT SECURITY

You may need to register for an account to access some or all our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for such users’ activities that occur in connection with your account. Without notice to you, Surf Sweets reserves the right to suspend or terminate your account if Surf Sweets determines in its sole discretion that you have violated these Terms, and Surf Sweets may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. We will use the information you provide in accordance with our Privacy Policy.

ELECTRONIC COMMUNICATIONS

By creating a Surf Sweets account, you also consent to receive electronic communications from Surf Sweets (e.g., via email or posting notices on our Services). These communications may include notifications about your account (g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may elect to stop receiving electronic notices from us by notifying us at the address below.

TERMS OF SALE

ORDERING

If you have any questions regarding your order or are having problems placing an order, please call customer service at (801) 886-1444. If you want to track your order status, please log into your account.

If you have a current permit for resale in your state and want to inquire about becoming a wholesale customer, please call (801) 886-1444.

PAYMENT, PRICING, & PROMOTION

By providing a credit card, you represent and warrant that you are authorized to use such credit card and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “order”). If the payment method cannot be verified, is invalid, or is otherwise unacceptable, your order may be suspended or canceled. You must resolve any problem we encounter to proceed with your order. If you want to change or update payment information associated with your Surf Sweets account, you can do so at any time by logging into your account.

We accept the following forms of payment for online orders: VISA, Mastercard, American Express, Discover Cards, Apple Pay, Elo, Google Pay, JCB, Shop Pay, Venmo, and PayPal. We do not accept checks, cash, or C.O.D. orders.

All prices and promotions are subject to change. Surf Sweets and surfsweets.com reserve the right to adjust pricing due to changing market conditions, errors in advertisements, and other extenuating circumstances. In the event of an incorrect price, Surf Sweets and surfsweets.com reserve the right to refuse or cancel orders for items listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If your credit card has been charged for the purchase and the order is subsequently canceled, Surf Sweets will issue a credit to your credit card account in the amount of the incorrect price. Promotions are subject to change without notification. If a product appears in the “Specials” section of surfsweets.com, Surf Sweets and surfsweets.com does not need to publish the length of time the promotion will run and reserves the right to cancel the promotion and special pricing at any time.

SUBSCRIBE AND SAVE TERMS

Simply subscribe to your favorite products and choose how regularly you would like to receive them. We look after everything else. Effortlessly manage what you receive, when it arrives, and the way you pay. Login to your dedicated portal from any device and easily update your settings. We alert you before each delivery or any problems with your account, making it easy for you to keep track of your subscriptions. You are free to cancel your subscription at any time, but we cannot cancel an order once it has been shipped from our facility. If you cancel after it has been shipped, the cancellation will take effect on your next payment cycle.

All Subscriptions are subject to price changes, but you will be notified of any changes to your subscribed products.

Surf Sweets reserves the right to terminate or block users who abuse the subscription function. After three resubscriptions, your account is subject to review.

PRICING AND AVAILABILITY

All prices are shown in U.S. dollars and do not include applicable Taxes (as defined below) and other charges unless we clearly state in writing that a price includes applicable Taxes. All products and services offered for sale are subject to availability. We reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Services without prior notice. Prices for products and services are subject to change at any time, but changes will not affect any order you have already placed. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

ORDER CANCELLATIONS
AND REFUNDS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy.

Due to the typically short timeframe between order placement and fulfillment, it is difficult to make changes once your order has been placed. 

Please contact us within three business days after receiving your order if something is wrong with your order. For incorrect items shipped, we will offer a replacement or refund. Shipping charges will be refunded only if the incorrect item is shipped. We do not accept returns.

If you experienced a quality problem with a product, please contact us via our Feedback Form, and someone from customer service will contact you about a replacement or refund.

You are responsible for payment for all orders placed by you. We reserve the right to cancel an order at our discretion if we are unable to fulfill an order, in which event we will notify you of the order cancellation. 

If you cancel an order promptly, or if we cancel your order, your payment type (e.g., credit card) will either not be charged or, if already submitted for payment processing, a refund will be issued to the original payment type via our payment processor (refunds may take several business days to appear in your account).

If the item you want to cancel has been shipped, it cannot be canceled by you or by our Customer Service Department. Surf Sweets is not responsible for refunding a customer for unwanted products after being shipped from the Surf Sweets shipping facility.

We ship within 1-3 business days and we cannot control the speed of the delivery once it is with the logistics partner, so we cannot cancel orders simply because they were delayed in transit, or if events/holidays were missed.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

TAXES

You are responsible for any sales, use value-added, or other governmental taxes, fees, or duties (“Taxes“) due concerning your purchase and use of goods or services. We will collect applicable Taxes if we determine we have a responsibility to collect Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged and collected may differ from the amount shown at checkout. You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

Sales Taxes will be collected for orders that ship to Utah at the applicable state tax rates.

ERRORS, INACCURACIES, AND OMISSIONS

We attempt to be as accurate as possible and eliminate errors in our Services; however, we do not represent or warrant that the descriptions, pricing, or other information are accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such errors and revise your order accordingly (which includes charging the correct price) or canceling the order and refunding any amount charged.

We are not responsible if information made available on this site is inaccurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PRIVACY & PERSONAL INFORMATION

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

OPTING OUT OF EMAIL SUBSCRIPTIONS

You can unsubscribe from newsletters by clicking on the unsubscribe link at the bottom of each edition. Additionally, you can log in to the website and unsubscribe from any newsletters through your account settings.

USER CONTENT

Our Services may allow you and other users to create, post, submit, store and share content, including messages, text, photos, videos, and other materials (collectively, “User Content “). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Surf Sweets.

You grant Surf Sweets and its affiliates and authorized operators a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you submit or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may become available to the public.

You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above, including likeness rights for any third parties who appear in any photographic or video User Content. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

PROHIBITED CONDUCT AND CONTENT

You agree that you will not violate any law, contract, intellectual property, or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using our Services. You agree that you will abide by these Terms and will not:

Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from thoroughly enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner, including, but not limited to, using the Services such as the free in-store wi-fi access for high-volume data transfers, heavy streaming of video or downloading large files;

Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area, or code of the Services;

Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;

Develop any third-party applications that interact with the Services without our prior written consent;

Use any robot, spam, phish, pharm, pretext, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of our Services’ web pages or functionality;

Bypass or ignore instructions contained in our robots.txt files that control automated access to portions of our Services;

Use our Services in any manner that could create an impression of affiliation, sponsorship, or endorsement by Surf Sweets;

Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or

Use or attempt to use another user’s account without authorization from that user and Surf Sweets.

You may also only post or otherwise share non-confidential User Content, and you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;

Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;

Impersonates, or misrepresents your affiliation with, any person or entity;

Contains any unsolicited promotions, political campaigning, advertising, or solicitations;

Contains any private or personal information of a third party without such third party’s consent;

Contains any viruses, worms, corrupted data, or other harmful, disruptive, or destructive files or content; or

In our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Surf Sweets or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

LIMITED LICENSE; COPYRIGHT AND TRADEMARK

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Surf Sweets Content”) are owned by or licensed to Surf Sweets and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Surf Sweets reserve all rights in and to our Services and the Surf Sweets Content.

You are as a result of this granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Surf Sweets Content, except as expressly permitted by us; (b) copy, reproduce, distribute, publicly perform or publicly display Surf Sweets Content, except as expressly permitted by us or our licensors; (c) modify the Surf Sweets Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Surf Sweets Content; (d) use any data mining, robots or similar data gathering or extraction methods; (e) use any meta tags or any other “hidden text” utilizing our name or the trademarks without our express prior written consent; and (f) use our Services or Surf Sweets Content other than for their intended purposes. Any use of our Services or Surf Sweets Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

HYPERLINKS

You may create a text hyperlink to our Services for noncommercial purposes, provided such link did not portray Surf Sweets or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Surf Sweets logo or other proprietary graphics of Surf Sweets to link to our Services without the express written permission of Surf Sweets. Further, you will not use, frame, or utilize framing techniques to enclose any Surf Sweets trademark, logo, or other proprietary information, including the images found on the Services, the content of any text, or the layout/design of any page or form contained on a page on our Services without our express written consent. Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Surf Sweets or any third party.

We may establish hyperlinks between our Services and one or more websites operated by third parties. Surf Sweets makes no claim or representation regarding and accepts no responsibility for the quality, content, nature, or reliability of third-party websites accessible by hyperlink from our Services or websites linking to our Services.  Such sites are not under the control of Surf Sweets, and Surf Sweets is not responsible for the contents of any linked site or any link contained in a linked site or any review, changes, or updates to such sites. Surf Sweets provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of any site or any information contained therein. When you leave our Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.

THIRD-PARTY CONTENT

Surf Sweets may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Surf Sweets does not monitor or have any control over any Third-Party Content or third-party Web sites. Surf Sweets does not endorse or adopt any Third-Party Content and cannot guarantee its accuracy or completeness.  Surf Sweets does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content.  Users use such Third-Party Content contained therein at their own risk.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit about Surf Sweets or our products or Services (collectively, “Feedback”) is non-confidential and will become the sole property of Surf Sweets. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

If at our request, you send certain specific submissions (for example, contest entries) or without a recommendation from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead third-parties as to the origin of any comments or us. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

COPYRIGHT COMPLAINTS

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Surf Sweets Designated Agent as follows:

Designated Agent:

Legal Department

Address:

Surf Sweets

3780 West Directors Row Salt Lake City, UT 84104

Telephone Number:

(801) 886-1444

E-Mail Address:

info@surfsweets.com

 

 

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Surf Sweets for certain costs and damages.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Surf Sweets and our officers, directors, employees, agents, partners, affiliates, subsidiaries, and authorized operators (individually and collectively, the “Surf Sweets Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (e) your conduct in connection with our Services. You agree to promptly notify Surf Sweets Parties of any third-party Claims, cooperate with Surf Sweets Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Surf Sweets Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Surf Sweets or the other Surf Sweets Parties.

DISCLAIMERS

We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked to by our Services.

OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK

Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Surf Sweets does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While Surf Sweets attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Furthermore, with regard to Surf Sweets apps that may be made available to you from time to time, you acknowledge and agree that (A) such apps may contain bugs, errors, and defects; (B) the download, installation, and use of the apps are at your sole risk, and (C) the entire risk as to your satisfaction, quality, performance, accuracy remains with you and not Surf Sweets.  Downloading, installing, and using an app may incur costs from your wireless carrier or Wi-Fi provider, and you are solely responsible for such connections and costs.  Surf Sweets does not represent or warrant that the apps will be delivered free of any interruptions, delays, or errors (collectively, “Faults”) or in a secure manner and that Surf Sweets will correct any Faults. If an app is defective or causes you or the mobile device on which an app downloaded any harm, you assume the entire cost of all necessary serving, repair, and correction.  You also acknowledge and agree that your use of the apps is subject to the terms of use related to the operating system platform from which you downloaded and operate the apps, including, as applicable, the Apple iTunes terms at  http://www.apple.com/legal/itunes/us/terms.html#service rules terms and its End User License Agreement and the Android terms.

LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

Surf Sweets and the other Surf Sweets Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Surf Sweets or the other Surf Sweets Parties have been advised of the possibility of such damages.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Surf Sweets, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.

RELEASE

To the fullest extent permitted by applicable law, you agree to release and hold Surf Sweets and the other Surf Sweets Parties harmless from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

DISPUTE RESOLUTION; BINDING ARBITRATION. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SURF SWEETS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Except for small claims disputes in which you or Surf Sweets seek to bring an individual action in small claims court located in the county of your billing address or conflicts in which you or Surf Sweets seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Surf Sweets waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Salt Lake County, Utah, or by a telephonic conference in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and as a result of this incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Surf Sweets agree that any dispute arising out of or related to these Terms or our Services is personal to you and Surf Sweets and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Surf Sweets agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Surf Sweets agree that for any arbitration you initiate, you will pay the filing fee, and Surf Sweets will pay the remaining JAMS fees and costs. Surf Sweets will pay all JAMS fees and expenses for any arbitration initiated by Surf Sweets. You and Surf Sweets agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake City, Utah, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the lawsuit is permanently barred, which means that you and Surf Sweets will not have the right to assert the claim. 

You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by providing written notice to:

Surf Sweets

Attn: Legal Department

3780 West Directors Row Salt Lake City, UT 84104

To be effective, the opt-out notice must include your full name and indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you agree to resolve Disputes.

GOVERNING LAW AND VENUE

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Utah, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Salt Lake City, Utah.

TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SURVIVAL

The following sections will survive the expiration or termination of these Terms and the termination of your Surf Sweets account.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Surf Sweets relating to your access to and use of our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service). The failure of Surf Sweets to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

If you have any questions about these Terms or our Services, please contact us at info@surfsweets.com.

CONTACT

For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@surfsweets.com or by mail using the details provided below:

3780 West Directors Row  Salt Lake City, UT 84104, United States

Questions; California Civil Code Section 1789.3 Notice

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

 

These Terms of Use were last updated: June 02, 2021

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