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