Terms of Service

TERMS OF SERVICE

Welcome to the Independent Surfer! 

Throughout these Terms of Service (the “Terms”), “we,” “us” and “our” refer to the Independent Surfer.  Your use of our website, products and services, is subject to these Terms.  By using this website, or the products and services contained therein, you agree to be bound by these Terms.

DANGEROUS SPORT DISCLAIMER

Surfing is an extreme sport and involves risk.  We may also discuss other extreme sports, including without limitation, skateboarding, snowboarding, and freediving, which also involve risk.  Serious risks include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life. 

When engaging in any sport activities, it is your sole reasonability to assess your ability levels and the safety of conditions, including, without limitation, weather conditions, equipment conditions, security, and local laws, rules, and customs.  Additionally, it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to engage in any sport activities. 

While our goal is to provide the knowledge you need to safely enjoy your time surfing, we cannot guarantee your safety.  In accordance with these Terms, we will not be liable for any damages that may occur to yourself or others.

LIMITATION OF LIABILITY

We will not be liable to you, or any third party, for any consequential, incidental, special, or indirect damages (including, but not limited to injury or death, or damage or loss of property) that result from your use of this website or the products or services offered herein. 

Please be aware that if you live in a jurisdiction that does not allow the limitations of exclusion of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.

DISCLAIMER OF WARRANTIES

Independent Surfer does not make express or implied warranties about this website and our products and services, including without limitation limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 

This website and the products and services are made available to you “as is” and “as available” and Independent Surfer does not warrant that any defects or inaccuracies will be corrected.

Independent Surfer does not warrant that this website and the products and services will meet your needs or that they will be uninterrupted, timely, secure, or error-free.  Independent Surfer also makes no warranty that the results obtained from the use of this site will be accurate or reliable, or that the quality of the website or the products and services will meet your expectations.

INDEMNIFICATION

You hereby agree to indemnify and hold Independent Surfer and its members, officers, directors, founders, and agents, and their third party providers, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees) arising from your use of this website or the products and services contained herein, or from your violation of these Terms.

CHANGES TO THIS WEBSITES AND TERMS

Independent Surfer may modify this website and these Terms at any time without prior notice to you, and you accept these modifications if you continue to use the website.

PASSWORD SECURITY AND NOTIFICATION

If you have a password for access to non-public areas of this site, you are solely responsible for all activities that occur in connection with your password.  Accordingly, you should not disclose your password to anyone else. 

TERMINATION

Independent Surfer may terminate your access to this site or the products and services for any reason, with or without prior notice.

GOVERNING LAW AND FORUM

These Terms and their enforcement are governed by the laws of the State of California, without regard to conflicts or law, and shall inure to the benefit of the successors and assigns of Independent Surer, whether by merger, consolidation, or otherwise.

SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any other policies or operating rules posted by us on this website or in respect to the products and services constitute the entire agreement and understanding between you and us and govern your use of the website and the products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the Independent Surfer.

CONTACT

Any questions or concerns may be sent to independentsurfer@gmail.com.

Privacy Policy

PRIVACY POLICY

Welcome to the Independent Surfer!

Throughout this Privacy Policy  (the “Privacy Policy”), “we,” “us” and “our” refer to the Independent Surfer.  Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, do not access or use our website, products, or services.  By using this website, or the products and services contained therein, you agree to this Privacy Policy.

This Privacy Policy describes:

• The types of information we may collect about you or that you may provide to us when you access or use http://www.indepdenentsurfer.com (hereinafter, “website”), and the products and services contained therein; and
• Our practices for collecting, using, maintaining, protecting and disclosing that information.

CHANGES TO THIS PRIVACY POLICY

We may revise and update this Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website and our products and services thereafter.  Your continued use of the website and the products and services following the posting of revised Privacy Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

INFORMATION WE COLLECT

This Privacy Policy applies to information we collect when you access or use the website and the products and services.   It does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the website.  We collect information directly from you when you provide it to us and automatically when you use the website.

INFORMATION YOU PROVIDE TO US

When you download, register with or use the website or the products or services, we may ask that you provide information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number.
• Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.

The website may contain message boards, chat rooms, personal pages or profiles, forums, geolocation services, bulletin boards and other interactive features, (collectively, “Interactive Services”), that allow users to post, submit, publish, display or transmit to other users or other persons, (hereinafter, “Post”), content or materials, (collectively, “User Contributions”), on or through the website.  Your User Contributions and Posts are made at your own risk.  Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

AUTOMATIC INFORMATION COLLECTION AND TRACKING

When you access or use the website, we may use technology to automatically collect:

• Usage Details. We may automatically collect certain details of your access to and use of the website, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the website.
• Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
• Location Information. The website may collect real-time information about the location of your device.
• We also may use these technologies to collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking).

If you do not want us to collect this information do not access or use the website, products, or services, and/or opt-out of location tracking services.  Note, however, that opting out of the collection of location information will cause location-based features to be disabled.

INFORMATION COLLECTION AND TRACKING TECHNOLOGIES

The technologies we use for automatic information collection may include:

• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our Services.

THIRD PARTY INFORMATION COLLECTION

When you use the website and the products or services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Advertisers, ad networks and ad servers.
• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the website or the products and services. The information they collect may be associated with your information or they may collect information about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We may use information that we collect about you or that you provide to us, to:

• Provide you with the website and the products and services, and any other information, products or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• Improve our website and our products and services and to deliver a better and more personalized experience by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences.
• Speed up your searches.
• Recognize you when you use the website or the products and services.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual without restriction.  In addition, we may disclose information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Independent Surfers’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which information held by Independent Surfer about our website or our products and services’ users is among the assets transferred.
• To third parties to market their products or services to you.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.

WE DO NOT SELL YOUR INFORMATION

We do not sell your personal information.

CALIFORNIA RESIDENTS

If you are a California resident, you may have a right to know what personal information is collected and disclosed about you under the California Consumer Privacy Act.   Additionally, you may have the right to access and delete your personal information.  For information on these rights, please see the section on You Rights below.

YOUR RIGHTS

Depending on the jurisdiction in which you are based, global data protection laws may afford you certain rights with respect to your data.  These rights may include:

• The right to request access to your information;
• The right to update or amend your information;
• The right to object to certain uses of your information;
• The right to request deletion or restrict the processing of your information; and
• The right to log a complaint with the relevant supervisory authority related to our use or processing of your information.

CONTACT

Any questions or concerns may be sent to independentsurfer@gmail.com.