Independent Surfer

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.

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