TERMS OF USE

Terms of Use

 These Terms of Use (“Terms”) govern the the OUTLOUD SURFBOARDS web site, outloudsurfboards.com 

The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site.

Your use of the Site constitutes your agreement to follow and be bound by these Terms. By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.

Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.

Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content. Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time. 

Disclaimer of Warranty & Limitation of Liability:

YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS 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 TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Jurisdiction

These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

 

Dispute Resolution

Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and OUTLOUD SURFBOARDS agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: OUTLOUD SURFBOARDS Customer Service, P.O. Box 7476, Capistrano Beach, CA 92624.  Unless you indicate otherwise in your notice, OUTLOUD SURFBOARDS shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.

In the event that OUTLOUD SURFBOARDS is unable to resolve the dispute with you through the Customer Service department referenced above, you and OUTLOUD SURFBOARDS both agree the parties shall resolve their dispute utilizing binding arbitration in the State of California. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.

We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our privacy policy.

 

Privacy Policy

Outloudsurfboards.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our Privacy Policy. By visiting outloudsurfboards.com, you are accepting the practices described in this Privacy Policy.

Collection of Personal Information

We will ask you when we need information that identifies you individually or allows us to contact you directly (personal information).

We may ask for personal information when you purchase a product, enter a contest, request a service, complete a survey, subscribe to news, or engage in some other activity on our site. In connection with these activities, we may ask you for contact information such as your name, telephone number, and email address.

When you visit our website, we collect standard information about your hardware and software such as your IP addresses, browser type, operating system, pages visited on our site, referring and exit pages, and the dates and times of the visits.

This site visitation data is used to administer the site and provide general statistics regarding the use of cisurfboards.com. Site visitation data is never linked to your personal information, and we do not use it to identify you individually without your permission.

Use of Personal Information

We will keep any and all information collected from you at this site strictly confidential and we will not sell, rent, trade, or otherwise share your personal information with third parties for their promotional use without your permission.

We will use the personal information you give us to fulfill the services and provide the products you request from us. This may include sending information that you have requested, or contacting you about products and services that you have purchased. If you do not opt-out of communications from Outloud Surfboards, we may send you marketing notices including promotions of our products and services.

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of cisurfboards.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

Security of the Information We Collect

We are committed to protecting the security of your personal information, and we use a range of technologies and procedures to protect your personal information. For example, we store personal information in a secure, limited access facility; sensitive information transmitted to us through our store (such as a credit card number) is encrypted for transmission using the Secure Socket Layer (SSL) protocol. The SSL encryption is designed to make the information unreadable by anyone but us.

 Privacy and Online Forums

Information you post in online forums on the site is accessible to other people who can access the forums and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

 Use of Cookies and Clear gif Technology

When you visit our site, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Some parts of our website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. We do not correlate this information with data about individual users, nor do we share this information or sell it to any third party.

If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of our website.

We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our website. We may also use this technology to track the delivery of HTML email messages. This data is collected exclusively for use in our marketing and research.

Enforcement of this Statement

If you have questions about the guidelines described in this Policy, please email us directly at info@outloudsurfboards.com.

 Changes to this Statement

We may from time to time update this Privacy Policy. When we make these updates, we will change the “last updated” date listed at the top of the Policy. If we make a material change to this Policy that affects our use of your personal information, we will update users by placing a more prominent notice on our home page.

Customer Service

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact our Customer Service team by e-mail at info@outloudsurfboards.com or by phone at 1-949-366-0490.