Last Updated: October 17, 2022
Welcome to Surfline. Please read on to learn the rules and restrictions that govern your use of Surfline e-commerce properties (collectively, the “Shop”). These Terms of Use are in addition to Surfline’s general Terms of Use and our Privacy Policy and are a binding contract between you and SURFLINE\WAVETRAK, INC. (“Surfline,” “we” and “us”).
Your use of the Shop in any way means that you agree to these terms and our general Terms of Use and our Privacy Policy (collectively, the “Terms”), and the Terms will remain in effect while you use the Shop. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you represent and warrant that you are at least 16 years of age and have received your parent’s or guardian’s permission to use the Services described in our Terms of Use (including the Shop) and have gotten your parent or guardian to agree to these Terms on your behalf).
Please read these terms and our general Terms of Use and our Privacy Policy carefully. They cover important information about Services provided to you and any charges, taxes, and fees to be charged to you. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SHOP ARE SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Surfline Shop
Surfline hosts, operates and maintains the Shop. Surfline has partnered with Exchange Collective Inc. to manage the Shop. Products purchased from Surfline on the Shop are fulfilled and delivered directly to you by our third-party brand partners.
Any information (personal data or otherwise) you provide when making a purchase on the Shop is shared to Exchange Collective in order to fulfill orders placed by you on the Shop and to provide services requested on or through the Shop. Your information will be shared by Exchange Collective with the relevant third-party brands on the Shop in order to fulfill your orders and provide the requested service. The information you share is subject to those parties’ relevant terms of use and privacy policies and is outside the control of Surfline.
Shop Products
We have no responsibility or liability whatsoever for goods or services you may obtain from the Shop or through other websites or web pages. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product shall be the amount you actually paid Surfline for products and services ordered through the Shop.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SHOP ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SHOP OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. 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.
Products may be purchased while supplies last. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. In every instance, we make every effort to communicate with you prior to cancelling the order.
Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through the Shop.
All pricing for the products and services available on our Shop is subject to change without notice. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Certain products on the Shop may list a regular price and a discounted “Premium” price. You are only eligible to receive the “Premium” price or other Premium exclusive discounts if you have an active Surfline Premium subscription and are signed into your account at the time you place your order on the Shop. Click here to learn more.
Advertising Disclaimer and Trademarks
The descriptions of products and services on the Shop are the representations of the applicable third-party brands. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from any third-party brands, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will authorize a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our Shop are the sole property of their respective owners. The images of the products on the Shop are for illustrative purposes only and we cannot guarantee that your computer’s display of the images accurately reflect the true color of the products. Photographs or images are the property of Surfline or provided courtesy of third-party brands or the respective manufacturers.
Use of the Shop
You may need your own Surfline account to use and place orders on the Shop, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Any comments, reviews, messages, suggestions or other communications (collectively “Comments”) sent to the Shop shall be and remain the exclusive property of Surfline. Your submission of any such Comments shall constitute an assignment to Surfline of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Surfline will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us.
Use Restrictions
Each time you use a password or log in credential, you will be deemed to be authorized to access and use the Shop in a manner consistent with the Terms. You agree that you will not under any circumstances
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s Surfline account without permission;
- interfere or attempt to interfere with the proper functioning of the Shop or the Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
- use the communication systems provided by, or contacts made through, the Shop for any commercial solicitation purposes;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Disclaimer And Limitation Of Liability
ALL PRODUCTS AND SERVICES AVAILABLE ON THE SHOP ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SHOP WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL SURFLINE AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (SURFLINE AND ALL SUCH PARTIES TOGETHER, THE “SURFLINE PARTIES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SHOP. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SHOP), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SHOP.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
Payment Terms and Sales Taxes
All payments accepted through the Shop will be processed by a third-party secure payment processing company (i.e., Stripe, Inc.).
All prices are shown in United States dollars and payments must be in United States dollars, unless otherwise indicated; taxes, shipping and handling charges are additional. Taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Shop) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. With respect to your Surfline account you agree to keep all payment cards or other payment method information provided to us current, and you agree that we (or our third-party payment processor) may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order. If any unauthorized use of your credit card occurs as a result of your credit card purchase on the Shop notify your credit card provider in accordance with its reporting rules and procedures.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
Shipping Policy
Shipping is provided by the applicable third-party brand and shipping is generally Ground delivery only (or similar). All shipping prices are quoted in United States dollars and you agree to pay the shipping and any handling charges shown on the Shop when your order is placed. Shipping charges are non-refundable. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. No C.O.D. orders can be accepted.
Order fulfillment and shipping is contingent upon processing of payment and may be delayed should we experience difficulties doing so.
Orders are typically shipped by our third-party brand partners within two business days after an order is received and will generally arrive 2-7 business days after the order is shipped. If you ordered from multiple brands, your items will arrive in different boxes and may be delivered on different dates. There may be occasional delays beyond the standard order processing time. If the delay is more than seven business days, and you would like to cancel your order please contact us at shop@surfline.com and we will attempt to cancel any portion of the order that has not been fulfilled and shipped.
Any shipping times shown on the Shop or in an order confirmation communication are estimates only – actual delivery dates may vary.
These shipping terms are accepted by you by placing an order with us.
Warranty and Return Policy
Most of the products and services available through the Shop are covered under the manufacturer’s warranty. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not manufacture or operate or control the products or services available on our Shop, and you agree that under no circumstances will Surfline be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through the Shop.
While we do not offer any warranties with respect to the products and services available through the Shop, we are committed to working with you to ensure that every product under warranty performs to the manufacturer’s specifications. Please e-mail shop@surfline.com with any questions and make sure to include your name, invoice or order number, and nature of the problem.
If your order arrives in a damaged condition or you received a defective item, please initiate the returns process within 30 days from delivery of your item and select “Damaged” as the reason for your return. Once the item is received, we will look into the issue further and, at our discretion, may issue a refund. Manufacturer and third-party brand restrictions do apply. After 30 days, manufacturers’ warranties (if available) apply and you should contact the appropriate warrant service provider identified in the product description, if any.
Return of products purchased through the Shop are subject to our Return Policy here.
Some products that are available through the Shop, such as custom wetsuits and those listed as FINAL SALE, cannot be returned FOR ANY REASON. Please check the information provided in the description of the particular products you are ordering for information about return options.
These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through the Shop.
Termination
In addition to any other legal or equitable remedies, Surfline may, without prior notice to you, immediately terminate your account or revoke your right to access or use the Shop. Upon notice of termination of your account, you shall immediately cease all access to and use of the Shop and Surfline shall immediately revoke all passwords and account identification issued to you and deny your access to the Shop in whole or part. However, termination of such access permissions shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
What else do I need to know?
Indemnity. You agree to indemnify and hold the Surfline Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Surfline's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Surfline and limits the manner in which you can seek relief from Surfline. Both you and Surfline acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Surfline's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Orange County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Surfline will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Surfline will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Surfline may assert claims, if they qualify, in small claims court in Orange County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND SURFLINE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Surfline are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Surfline over whether to vacate or enforce an arbitration award, YOU AND SURFLINE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Surfline is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 300 Pacific Coast Hwy., Suite 310, Huntington Beach, CA 92648, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Surfline to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Surfline agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Orange County, California , or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Surfline.
Changes to these Terms. We reserve the right to change the Terms at any time by posting modified Terms on the Shop and changing the “Last Updated” date above so you know when the new terms took effect. When changes to the Terms are made we may also place a notice on our site here, send you an email, and/or notify you by some other means. You agree to review these Terms from time to time so that you are aware of any changes.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Shop, provided that Surfline may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Surfline agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Surfline, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Surfline, and you do not have any authority of any kind to bind Surfline in any respect whatsoever.