Last modified: January 12, 2016
What is The SurfShare? The SurfShare is an online surf-sharing platform that connects surfers and surf enthusiasts from all over the world. The mission of The SurfShare is to be the premier worldwide surf-sharing platform by connecting surfers and surf enthusiasts from across the globe and thereby fostering more enjoyable surf travel. The SurfShare was created and designed by surfers, for surfers; and it was created out of the desire to make surf travel less cumbersome and more enjoyable.
Site Owner. The SurfShare Site is owned and operated by The SurfShare, a Florida Limited Liability Company.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the SurfShare. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. The SurfShare may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
The SurfShare may amend the Terms related to the Services from time to time. Amendments will be effective upon The SurfShare’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after the effective date of a revised version of this Agreement constitutes your consent to be bound by the Terms, as amended.
Site Services. The SurfShare via our online platform enables users of the SurfShare site to purchase various surfing related services from third party providers of such services (the “Services”). Unless otherwise agreed to by SurfShare in a separate written agreement with you, the Services are made solely for your own personal and non-commercial use.
Third Party Providers. The SurfShare itself does not provide surfing related services instead these surfing related services are provided by third parties (“Third Party Providers”). While the SurfShare site is used by you to book the surfing related services, you agree that SurfShare has no responsibility or liability to you related to any surfing related services provided to you by Third Party Providers other than as expressly set forth in this Agreement. The SurfShare does not guarantee the suitability, safety or ability of Third Party Providers. It is solely your responsibility to determine if a Third Party Provider will meet your needs and expectations. The SurfShare will not participate in disputes between you and Third Party Providers. By using the Site, you acknowledge that you may be exposed to situations involving Third Party Providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable. Your use of the Site to purchase surfing related services from Third Party Providers is at your own risk and judgment. The SurfShare shall not have any liability arising from or in any way related to your transaction or relationship with Third Party Providers.
License. Subject to your compliance with these Terms, the SurfShare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the SurfShare and the SurfShare’s licensors.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the SurfShare; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership. The Services and all rights therein are and shall remain the SurfShare’s property or the property of the SurfShare’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the SurfShare’s company name, logos, product and service names, trademarks or services marks.
User Account. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to the SurfShare certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or the SurfShare’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the SurfShare in writing, you may only possess one Account.
User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive surfing related services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances the SurfShare may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
User Provided Content. The SurfShare may, in the SurfShare’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to the SurfShare through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to the SurfShare, you grant the SurfShare a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the SurfShare’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the SurfShare the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor the SurfShare’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the SurfShare in its sole discretion, whether or not such material may be protected by law. The SurfShare may, but shall not be obligated to, review, monitor, or remove User Content, at the SurfShare’s sole discretion and at any time and for any reason, without notice to you.
Message Board Posting. The SurfShare allows Users to post messages on the SurfShare Message Board. Considering the real-time nature of the SurfShare Message Board, it is impossible for the SurfShare to review messages or confirm the validity of information posted. Please remember that while the SurfShare does actively monitor the contents of posted messages, the SurfShare is not responsible for any messages posted. The SurfShare does not vouch for or warrant the accuracy, completeness or usefulness of any message, and is not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the SurfShare or any entity associated with the SurfShare. Any user who feels that a posted message is objectionable is encouraged contact us the SurfShare immediately by emailing the SurfShare at firstname.lastname@example.org. The SurfShare has the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that the SurfShare may not be able to remove or edit particular messages immediately. You agree, through your use of the SurfShare Message Board that you will not use the SurfShare Message Board to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyrighted material is owned by you. Although the SurfShare cannot review the messages posted prior to going live, and are not responsible for the content of any of these messages, the SurfShare reserves the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold the SurfShare harmless with respect to any claim based upon transmission of your message(s). The SurfShare reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you. The SurfShare also reserves the right to ban your use of the SurfShare Message Board if you are held in violation of any of the above rules.
Other Users. You are solely responsible for your interactions with other the SurfShare Users. The SurfShare reserves the right, but has no obligation, to monitor disputes between you and other Users.
Payment. You understand that use of the Services may result in payments by you for the surfing related services you receive from a Third Party Provider (“Charges”). At the time of booking a surfing related service from a Third Party Provider, you will pay for the total Charges using the preferred payment designated in your Account (Stripe or PayPal). Your payment of the total Charges shall include the specific cost of the surfing related service and the service fee for The SurfShare. The SurfShare service fee is calculated as 5% of the specific cost of the surfing related service, and shall be paid by the Third Party Provider. The specific cost associated with the surfing related services you have purchased are determined solely by the Third Party Provider. Your payment of the total Charges will be processed by Stripe or Paypal, in accordance to the payment gateway that is used, and your funds will be remitted to The SurfShare who shall serve as a limited escrow agent for you and the Third Party Provider. Upon acceptance of the surfing related services by the Third Party Provider, The SurfShare will release your funds to the Third Party Provider and you will receive a confirmation of the transaction. Payment of the total Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Although The SurfShare is acting as the limited escrow agent for both parties, The SurfShare will not participate in any dispute between you and the Third Party Provider. All complaints, requests for refund, or any other issues must be handled directly with the Third Party Provider. In addition, you retain the right to request lower Charges from a Third Party Provider for surfing related services received by you from such Third Party Provider at the time you receive such surfing related services. The SurfShare will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular surfing related service you received. After you have received the surfing related service, you will also have the opportunity to rate your experience and leave additional feedback about your Third Party Provider on the SurfShare Site.
DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SURFSHARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE SURFSHARE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY PROVIDER GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SURFSHARE BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF THE SURFSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SURFSHARE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE SURFSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SURFSHARE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE SURFSHARE’S REASONABLE CONTROL. NEITHER PARTY MAY ASSERT ANY CLAIM AGAINST THE OTHER RELATED TO THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER SUCH CLAIM ACCRUED. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS WHO PROVIDE SURFING RELATED SERVICES REQUESTED THROUGH THE SURFSHARE MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE SURFSHARE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OR OBLIGATIONS (INCLUDING BUT NOT LIMITED TO INDEMNIFICATION, ATTORNEY’S FEES, INTEREST, COSTS, ETC.) SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO THE SURFSHARE IN THE NINE (9) MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. HOWEVER, IN NO EVENT SHALL THE SURFSHARE’S MINIMUM LIABILITY BE LESS THAN ONE THOUSAND DOLLARS ($1,000.00).
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
Indemnification. You agree to indemnify and hold the SurfShare and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the SurfShare’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Release. In addition to the recognition that the SurfShare is not a party to any contract between you and the Third Party Provider, you hereby release the SurfShare and its officers, directors, employees, and agents, subsidiaries from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User or Third Party Provider, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, function, or quality of the surfing related services provided by Third Party Provider.
Dispute Resolution. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by either mediation or arbitration. You acknowledge and agree that you and the SurfShare are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.
Mediation. In the event a dispute shall arise between you and the SurfShare. You agree to participate in at least three hours of mediation attended by representatives with settlement authority. The Parties agree to share equally in the costs of the mediation. The mediation will be performed by a mediator mutually agreed upon by the Parties. Mediation shall take place within 45 days of written notice of a request for mediation from one party to the other party.
Arbitration. In the event that a resolution at mediation or settlement does not occur, and either you or the SurfShare wishes to escalate to a formal dispute resolution forum, such Party will submit the dispute to binding arbitration under the then prevailing rules of the American Arbitration Association (“AAA”). Unless otherwise agreed upon by the parties, there shall be a single arbitrator, his decision shall be binding upon the parties, and he may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Judgment upon any award in such arbitration may be entered and enforced in any court of competent jurisdiction. Arbitration shall commence within 60 days of written notice of submission of the dispute to arbitration, or as soon thereafter as possible under the AAA rules.
Injunctive Relief. A Party seeking injunctive relief shall be exempt from the preceding mediation and arbitration requirements and related timing requirements, and may immediately either initiate arbitration proceedings, including emergency arbitration proceedings, or seek a temporary restraining order and/or preliminary injunction in state or federal court to maintain the status quo pending determination of the dispute. If such temporary injunctive relief is sought in state or federal court, the Parties shall make every effort to preserve the confidentiality of information and documents related to the dispute, the Parties' relationship, and all related agreements and all products and Services provided, or activities conducted, thereunder by seeking to file under seal any pleadings or documents containing Confidential Information, or information subject to the Parties' restrictive covenants, or by seeking substantially equivalent arrangements for the protection of such information. In no event shall a Party's request for, or pursuit of, such temporary injunctive relief in state or federal court be deemed to constitute either a breach of the agreement to arbitrate or a waiver of the right to demand arbitration.
Venue. The Parties agree all mediation or arbitration activities, or proceedings for temporary injunctive relief in state or federal court, shall occur in Tampa, Hillsborough County, Florida and further consent to the jurisdiction of such arbitration and such courts as may be convened or located there.
Enforcement Costs. The prevailing party in any civil action, arbitration, or other legal proceeding brought for the enforcement of this Agreement, shall be entitled to recover reasonable attorneys' fees or court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that civil action, arbitration or legal proceeding, in addition to any other relief to which such party or parties may be entitled.
Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida without reference to any conflict of laws principles.
Assignment and Benefit. This Agreement may not be assigned by you without the prior written consent of the SurfShare, which consent shall not be unreasonably withheld. Any attempted assignment, delegation or transfer of this Agreement by You to a third party hereto in violation hereof shall be null and void. Nonetheless, the SurfShare shall have the right to assign this Agreement and any or all of its rights and/or obligations under this Agreement to any parent, subsidiary, or other affiliate, or to any entity that is a successor in interest to any phase of the SurfShare’s business without your consent. Subject to the foregoing limitation upon assignment, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and the respective heirs, personal and legal representatives, successors and assigns of the Parties.
Partial Invalidity. The invalidity of any portion of this Agreement shall not affect the validity of the remainder of this Agreement as long as the primary intent and purpose of this Agreement is not materially affected.
Non-Waiver. The SurfShare’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the SurfShare in writing.
Notice. The SurfShare may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the SurfShare, with such notice deemed given when received by the SurfShare, at any time by first class mail or pre-paid post to The SurfShare, LLC, Attn: User Notices, 2424 W. Tampa Bay Blvd., Suite A-206, Tampa, FL 33607. All notices to The SurfShare shall also be emailed to its legal counsel at email@example.com.