Effective date: 10/06/2014
PLEASE READ CAREFULLY BEFORE USING THE WEB SITE AND/OR SERVICE(S) OFFERED BY SURF NEWS NETWORK, LLC: These Terms & Conditions are a legal agreement between (a) you (either an individual or a single entity) and (b) Surf News Network, LLC.
BY CLICKING “I AGREE” OR OTHERWISE TAKING ANY STEP TO USE THE WEB SITE AND/OR SERVICE(S) OFFERED BY SURF NEWS NETWORK, LLC, YOU AGREE TO BE BOUND BY THESE TERMS.
If you do not agree to these terms, do not use or otherwise access the WEB SITE AND/OR service(s).
Refund/Credit Policy.
If you decide to sign up to use our Service(s) you will be billed for the plan you chose. There are absolutely no refunds or credits for partial months of Service(s), upgrades or downgrades, or for months unused with an open account.
Renewal of Service.
This Agreement shall automatically renew for the shorter of the Initial Subscription Term or one (1) year unless written notification of cancellation as provided for herein is received. Should we be unable to process your card twice in a thirty (30) day period, your subscription shall be cancelled without recourse.
The Renewal Subscription Term will be on the current Terms & Conditions of this Agreement and subject to the renewal pricing.
The Web site and Service(s) are provided by Surf News Network, LLC, a Hawaii limited liability company with its headquarters located at 1541 S. Beretania Street, Suite 207, Honolulu, Hawaii 96826.
About Surf News Network, LLC, and the Services We Provide.
Surf News Network, LLC, provides news and information for the surfing community via its interactive Web site, weather forecasts, Web cams, and giveaways, all of which can be accessed via its Web site bearing the URL www.surfnewsnetwork.com.
Agreement to be Bound.
Your use of the Web site and/or Service(s) is subject to the Terms & Conditions set forth below. Please read them carefully as any of use of this Web site and/or Service(s) constitutes an Agreement, without acceptance, to be bound thereby. By using the Web site and/or Service(s) you represent that you have read and understand the Terms & Conditions and that you agree to be bound by these Terms & Conditions as set forth below.
These Terms & Conditions are subject to the Privacy Policy, which also governs your use of the Web site and Service(s).
Definitions.
References to “Agreement” means these Terms & Conditions and all materials referred or linked to herein.
References to “Service(s)” or “Subscription Service(s)” mean any Service(s) to which you subscribe, which are offered by us and accessible via the Web site, bearing the URL www.surfnewsnetwork.com.
References to this “Web site” mean the Web sites bearing the URL www.surfnewsnetwork.com, and any and all affiliated Web sites.
References to “we,” “our,” and “us” mean Surf News Network, LLC.
References to “User,” “you” and/or “your” mean any entity or individual using or otherwise accessing the Service(s).
Modifications and Changes to Terms & Conditions.
We may modify, add to, suspend or delete the Terms & Conditions, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site and/or Service(s) after modification, addition or deletion of the Terms & Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.
Modifications and Changes to the Web Site.
We may modify, add to, suspend, or delete any aspect of the Web site and/or Service(s) offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
Accounts.
You will be given the opportunity to subscribe to Service(s) via an online registration form that may allow you to receive information from us and/or subscribe to the Service(s). We will use the information you provide in accordance with our Privacy Policy. By subscribing to our Service(s), you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms & Conditions.
Accounts are limited to persons eighteen (18) years of age and older. Persons under eighteen (18) years of age are prohibited from using the Service(s) provided by this Web site in any way.
Account Guidelines.
The Web site and/or Service(s) may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which Users and their customers may communicate.
All customers and Users represent that they are eighteen (18) years of age or older by submitting content to Interactive Areas, and that they agree to be bound by the terms and obligations set forth herein.
By participating in Interactive Areas, customers and Users agree further that they:
Shall not upload, distribute or otherwise publish on to the Web site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam”; and
Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or Service(s); and
Shall not personally attack another User. Personal attacks are a direct violation of these Terms & Conditions and are grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or Service(s); and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services; and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a Third-Party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Service(s), Web site, the Interactive Areas or the servers or networks connected to the Web site or the Interactive Areas, or disobey any requirements, procedures, policies or regulations of networks connected to the Service(s), Web site or the Interactive Areas; and
Shall not facilitate or encourage any violations of these Terms & Conditions or our policies.
Customers and Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
Prohibited Use of the Web site and/or the Service(s).
In addition to other prohibitions as set forth in these Terms & Conditions, you are prohibited from using the Web site and/or the Service(s): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Web site, other Web sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service(s), Web site, other Webs sites, or the Internet. We reserve the right to terminate your use of the Web site and/or Service(s) for violating any of the prohibited uses or for any other reason at our sole and exclusive decision.
You agree further that you shall use this Web site and/or Service(s) solely for personal purposes and not for any commercial purposes whatsoever.
Modifications, Access, Use, and Discontinuation of Service(s).
Modifications and Changes to the Services.
We reserve the right at any time to modify (e.g. bug fix or increase Service(s) offered) or discontinue any Service(s) (or any part or content thereof) without notice at any time.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Upgrades or Downgrades in Service(s) by You.
You may elect to opt for a lower priced subscription (“downgrade”) or a higher-priced subscription (“upgrade”) at anytime.
In addition to the further payment terms contained herein, should you upgrade you account you shall pay the difference in the subscription prices for the remainder of your agreement term. Should you elect to downgrade your subscription you shall not be entitled to a full or partial refund.
Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available via the Web site and/or Service(s) is not accurate, complete or current. You acknowledge further that any reliance on the Web site and/or Service(s) is at your own risk.
Errors in Service.
We do not warrant that any errors in the Service(s) will be corrected.
Access to Service.
Though we try to make the Service(s) available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Service(s) you subscribe to will be at all times available.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Service(s) to which you subscribe.
Right of Refusal, Limitation, Discontinuation; and Termination.
We reserve the right to refuse to provide a Service for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel Service(s) purchased per User or per customer. In the event that we make a change to or cancel a subscription, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your account was created. You shall remain liable for full and complete payment for the Service(s) Subscription, up to and including the date of cancellation. We shall endeavor to notify you of pending termination; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the account termination.
We reserve the right to discontinue any Service(s) to which you subscribe and/or any other related products designed, distributed and/or sold by us for any reason at any time at our sole discretion.
Any offer for any Service(s) featured on the Web site and/or any other related Service(s) designed, distributed and/or sold by us made on this site is void where prohibited.
Subscription Levels; Trial Period; Fees; Payment Information; Cancellations and Refunds.
Subscription Levels; Initial Subscription Term.
Access to our Service(s) may be obtained through three (3) subscription levels, including a free subscription; however, access to our premium Service(s), such as weather forecasts and Web cams, may only be accessible via our paid subscription plans. Paid subscriptions may have Initial Subscription Terms of either one (1) month or one (1) year, automatically renewable per the terms contained herein.
Trial Period.
We may, at our sole and exclusive discretion, extend a free trial period of up to fourteen (14) days for the use and access of the Service(s). Such a trial period shall create no future obligation to subscribe to Service(s) after its expiration.
Fees.
The fee for the Service(s) to which you subscribe will remain fixed during the subscription period unless you change products or base packages, or subscribe to additional features or products. Where a price change applies to you, you will be contacted by customer service representative to discuss a change in fees and billing responsibilities.
All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Service(s). You shall have no liability for any taxes based upon our gross revenues or net income.
Payment Method.
Payments for subscriptions to the Service(s) may be made via debit or credit card only. No invoice payments or bank transfers will be accepted.
Payment for account upgrades, such as for an upgrade from a lower plan or from a trial period, must clear before the duration of the plan period or trial period expires or else additional charges may be incurred.
For questions regarding payment, please contact customer service prior to purchase at gary@surfnewsnetwork.com.
Responsibility for Accurate Billing Information.
You agree to provide current, complete and accurate billing and account information for all subscriptions. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You permit us to charge your credit card or other payment method for the plan you have subscribed to. You will not, under any circumstances, initiate any chargebacks or falsely claim your credit card was stolen. Anyone who does will be reported for fraud to their credit card company, the law enforcement agency in their jurisdiction, and the credit bureaus.
Refund/Credit Policy.
If you decide to sign up to use our Service(s) you will be billed for the plan you chose. There are absolutely no refunds or credits for partial months of Service(s), upgrades or downgrades, or for months unused with an open account.
Renewal of Service.
This Agreement shall automatically renew for the shorter of the Initial Subscription Term or one (1) year unless written notification of cancellation as provided for herein is received. Should we be unable to process your card twice in a thirty (30) day period, your subscription shall be cancelled without recourse.
The Renewal Subscription Term will be on the current Terms & Conditions of this Agreement and subject to the renewal pricing.
Cancellation Policy.
Customers wishing to cancel their subscriptions for Service(s) may do so at any time by going to “My Membership” link on the home page and click the “Cancel” link under “My Memberships”. or by writing to us at gary@surfnewsnetwork.com. No refunds or credits will be given for cancelled subscriptions.
Thirty days (30) prior to the end of the subscription period Users must provide written notification to us at gary@surfnewsnetwork.com should they wish to terminate their subscription for Service(s) at the end of the subscription period. You agree that if you do not provide this written notification at least thirty (30) days prior to the end of the subscription period you will be charged pursuant to the renewal provision above.
Cancellations may take up to thirty (30) days to process.
Customer Support.
Basic customer support is included in your subscription. We accept email questions twenty-four (24) hours per day, seven (7) days a week at gary@surfnewsnetwork.com.
For Users requiring advanced customer support, specific onboarding sessions and trainings are available at hourly rates. Please contact Customer Service to discuss such advanced customer service options and rates.
We attempt to respond to all requests for customer Service within one (1) business day; in practice, our responses are generally even faster. We do not, however, promise or guarantee any specific response time.
Intellectual Property.
Intellectual Property Rights Not Waived.
All material displayed or transmitted on this Web site and/or the Service(s), including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics (hereinafter “materials”) are owned by and/or licensed to us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials carried on this Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the materials found on this site. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the materials found on this Web site.
You may make a single print copy of any of the materials found on this Web site provided by us on this Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the report or other material. You may not archive or retain any of the materials found on this site without our express written permission. All requests for archiving, republication or retention of any part of the materials found on this Web site must be made in writing and must clearly state the purpose and manner for which the material is being requested. Requests for permission to archive, retain, or republish any part of the materials found on this Web site may be submitted to gary@surfnewsnetwork.com.
You acquire no rights or license whatsoever in the materials found on this Web site other than the limited rights to use the site in accordance with these Terms & Conditions. Any of the materials found on this Web site accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms & Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms & Conditions.
Grant of Right of Publicity.
You grant us the right to add your name and company logo to our customer list and Web site for advertising and marketing purposes.
Transmittal of Sensitive Information.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
For more information as to how your sensitive information is treated, please see our Privacy Policy.
Third-Party Advertisements, Promotions, and Links.
Third-Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from third Parties on the Web site or Service(s) to which you subscribe. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third-Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Web site or Service(s).
Use of Third-Party Tools.
We may provide you with access to Third-Party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).
We may also, in the future, offer new Services and/or features through the Web site (including, the release of new tools.) Such new features and/or Services shall also be subject to these Terms & Conditions.
Third-Party Links.
Certain content, products and Services available via our Web site may include materials from Third-Parties.
Third-Party links on this site may direct you to Third-Party Web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party materials or Web sites, or for any other materials, products, or Services of third-Parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any Third-Party Web sites. Please review carefully the Third-Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.
No Unlawful or Prohibited Use.
You may not use any materials contained herein for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable law. You may not use this Web site and/or Service(s) in any manner that could damage, disparage, or otherwise negatively impact us; this includes prohibited use by any competitors to us which may include download of whitepapers, products, or content for competitive purposes. Further, you may not use this Web site or its contents to damage, disable, or otherwise negatively impact any of our server(s) or the networks connected to any our server(s), or interfere with any other Party’s use of this Web site and/or Service(s).
You may not hack, password mine, or otherwise use malicious techniques to gain unauthorized entry to any Services, accounts, computer systems, or networks connected to any of our server(s).
You shall not attempt to reverse engineer any aspect of the Web site and/or Service(s) or take any action, which may allow you or another User to discover source code.
Data Backup.
Though we make every effort to backup our database we shall not be liable for backup failures resulting in the loss of any User data.
DisclaimerS; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE AND/OR SERVICE(S) IS AT YOUR SOLE RISK. NEITHER US OR ANY RELATED SUBSIDIARY, OTHER AFFILIATES NOR ANY RESPECTIVE USERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE USE OF THE WEB SITE AND/OR SERVICE(S) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEB SITE AND/OR SERVICE(S), OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.
(B) ANY SOFTWARE, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS & CONDITIONS.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE AND/OR SERVICE(S) IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE AND/OR SERVICE(S). BY USING THIS WEB SITE AND/OR SERVICE(S) OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE AND/OR SERVICE(S) YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE AND/OR SERVICE(S).
(D) WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
(E) IN NO EVENT WILL WE, OUR SUBSIDIARIES, OTHER AFFILIATES OR ANY OF THEIR RESPECTIVE USERSS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE OR THE product descriptions and other material, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES arising OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE AND/OR SERVICE(S).
(F) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEB SITE AND/OR SERVICE(S), YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEB SITE AND/OR SERVICE(S).
(G) We assume no responsibility for any claim or suit for damages for ACCOUNT CONTENT alleged to not be original or in violation of another’s intellectual property rights or moral rights, or for any CONTENT that is illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
INDEMNIFICATION AND DEFENSE.
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, Users and agents, from and against all claims, SUITS, and expenses, including attorneys’ fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE AND/OR SERVICE(S); (B) THE unauthorized or illegal use of the Subscription Service by you; (c) your noncompliance with or breach of this Agreement, (d) your use of Third-Party products, links, advertisements, and/or tools, or (e) the unauthorized use of the web site and/or Service(s) by any other person using your information.
You agree to Further defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, Users and agents, from and against all claims, SUITS, and expenses, including attorneys’ fees, arising out of OR RELATED to any aspect of your account, including but not limited to CONTENT alleged to not be original or in violation of another’s intellectual property rights or moral rights, or for any materials illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
Miscellaneous.
Server Location; International Transfer.
We operate globally, so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed by servers in the United States. The data protection and other laws of other countries may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using this site you consent to your information being collected, used and transferred as set forth in the Privacy Policy.
Authority.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its terms.
Force Majeure.
Neither Party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; or other event outside the reasonable control of the obligated Party. Each Party will use reasonable efforts to mitigate the effect of a force majeure event.
Relationship of the Parties.
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
Severability.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Notices.
Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other Party), and will be deemed delivered as of the date of actual receipt.
To Surf News Network, LLC: 1541 S. Beretania Street, Suite 207, Honolulu, Hawaii 96826.
To you: Your address as provided in your account information.
We may give electronic notices by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
Assignment.
You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law.
No Third-Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to or shall confer upon any Third-Party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Contract for Services.
This Agreement is a contract for the provision of Services and not a contract for the sale of goods. For U.S. Users, the provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the Parties under this Agreement.
Governing Law.
This Agreement will be governed and construed in accordance with the laws of Hawaii without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Honolulu County, Hawaii, and any cause of action, which arise from use of this Web site and/or Service(s) or from interpretation of these Terms & Conditions must be filed in the courts located in Honolulu County, Hawaii. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
Agreement to Arbitrate.
You agree that any cause of action, dispute or claim that may arise between you and us shall be commenced and be heard in binding arbitration only pursuant to the rules of the American Arbitration Association. This includes, but is not limited to claims arising out of or related to any aspect of the relationship between you and us whether based in contract, tort, regulation, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms & Conditions.
You agree that we are each waiving the right to trial by jury or to participate in a class action. You and us each agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and us each agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This arbitration provision shall survive termination of these Terms & Conditions.
Contact Information.
If you have any questions or concerns about the Terms & Conditions you may contact us at gary@surfnewsnetwork.com.
Updates & Effective Date.
The effective date of this policy is 10/06/2014. From time to time, we may update these Terms & Conditions, so we encourage you to review them often.
