As part of our Service, SurfboardShack.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified. You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by SurfboardShack.com. However, you may not, without the prior written permission of SurfboardShack.com, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of SurfboardShack.com, its parent or affiliate companies or its licensors.

The views, opinions, or positions by the authors and those providing comments are theirs alone, and do not necessarily reflect the views, opinions, positions or strategies of Surfboardshack.com. Surfboardshack.com makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.

Copyright on materials contributed by Surfboardshack.com readers and/or members is held by the individual creators. All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below. By uploading or otherwise posting any Content on the Site, you represent and warrant:

(i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service;
(ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(iii) the content will not cause injury to any person or entity. You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are:

• libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
• an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
• illegal in any way or which advocate illegal activity;
• an advertisement or solicitation of funds, goods, or services.

By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting SurfboardShack.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

This Service includes links and pointers to Internet sites, content and services provided by third parties. SurfboardShack.com's linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither SurfboardShack.com operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by SurfboardShack.com. The materials, information, products and services offered on or through the Service and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SurfboardShack.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

SurfboardShack.com does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. SurfboardShack.com does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not SurfboardShack.com) assume the entire cost of all necessary maintenance, repair or correction.

The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use. Surfing is a fun and healthy sport, enjoyed by many people from all walks of life. Surfing can also be a dangerous sport, and may result in serious injuries and even death. SurfboardShack.com recommends all surfers to respect the ocean.

In addition, SurfboardShack.com may allow you to purchase many different types of products and services online that are provided by third parties. SurfboardShack.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the SurfboardShack.com or on a site linked to by SurfboardShack.com, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. SurfboardShack.com has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant website directly. You release SurfboardShack.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through SurfboardShack.com.

When you purchase products or services on or through the SurfboardShack.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to SurfboardShack.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

This Service may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to SurfboardShack.com and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user - you alone are responsible for the material you post. SurfboardShack.com does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:

- Restrict or inhibit any other user from using and enjoying the Service.

- Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

- Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

- Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.

- Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

- Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of SurfboardShack.com.

- Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.

You understand that SurfboardShack.com has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, SurfboardShack.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in SurfboardShack.com's sole discretion are objectionable or in violation of these Terms of Service.

To use certain features of the Service, you must register with SurfboardShack.com on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If SurfboardShack.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

When you submit a classified ad for publication on SurfboardShack.com, you agree that the advertisement as it appears on SurfboardShack.com becomes the property of SurfboardShack.com and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to SurfboardShack.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. SurfboardShack.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

Under no circumstances, including, but not limited to, negligence, shall SurfboardShack.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, SurfboardShack.com materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if SurfboardShack.com is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of SurfboardShack.com, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that SurfboardShack.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any SurfboardShack.com materials, products, or services, or with any of SurfboardShack.com's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

SurfboardShack.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

This agreement constitutes the entire agreement between SurfboardShack.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the Hawai'i without giving effect to any principles or conflicts of law. 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.