Terms and Conditions of Service
Effective as of: 03/04/14 Date of Last Revision: 06/28/16
Copyright and Limited License
Notwithstanding the foregoing, user published content on the Sites, if any, remains the intellectual property of the individual user. By posting content on our Sites, you grant Moment Surf Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You are responsible for, and represent and warrant to Moment Surf Company that you have obtained, any releases, clearances, licenses, assignments and permissions (including those relating to privacy and rights of publicity) necessary for Moment Surf Company to post the content and exercise its rights under this paragraph.
Digital Millennium Copyright Act (“DMCA”) Notice
In operating the Sites, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e. proper party for notice) to whom you should address infringement notices under the DMCA to firstname.lastname@example.org, Moment Surf Company HQ, 33260 Cape Kiwanda Drive, Pacific City, OR, 97135
All logos and any other product or service name or slogan contained on the Sites are trademarks of Moment Surf Company or its manufacturers, distributors, advertisers, suppliers, customers, clients, vendors or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Moment Surf Company or the applicable trademark holder. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dress of Moment Surf Company and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, distributor, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Moment Surf Company.
Third Party Content and Applications
In addition to the Site Materials, our Sites may include third party content and may provide links to websites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as product managers, employees, customers, athletes, experts or members of the public. The views expressed in such Third Party Content are those of the creators thereof and are not, and should not be construed as, the views of Moment Surf Company. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). Moment Surf Company does not monitor Third Party Content or Third Party Applications and makes no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Moment Surf Company is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider(s) of the Third Party Applications, and you agree to fully comply with all such additional terms, conditions and agreements. Your use of Third Party Content and Third Party Applications is at your own risk.
Third Party Products, Services and Advertisements
Moment Surf Company provides on the Sites information about and/or links to third party products and services, and supports and enables the retail purchase of third party products and services (collectively, “Merchandise”) on the Sites. Your personal or commercial relationship with such third parties, your use of the Merchandise of such third parties, and any terms, conditions, warranties or representations associated with such relationship, Merchandise, or use are solely between you and such third party. Moment Surf Company is not responsible or liable for any loss, damage or injury of any sort incurred as the result of any such relationship, Merchandise or use, nor as the result of the presence of such third-party advertisers, information, or Merchandise on the Sites.
Merchandise Information and Availability
Moment Surf Company does not guarantee the Merchandise that is displayed on the Sites is available in its then current warehouse inventory, nor does it guarantee that the Merchandise displayed on the Sites is available in its Seattle, Washington retail store. If the Merchandise you select is not available by the time your order processes, we will remove the item or items and the corresponding charge(s) from your order. You can always confirm the current availability of Merchandise by calling Moment Surf Company’s Customer Care team at 1-503-483-1025. We will send a shipping confirmation e-mail to the e-mail address you include on your order form once Merchandise you have ordered has shipped.
Pricing and Other Errors
Merchandise pricing on the Sites is stated in U.S. dollars, unless otherwise indicated, net of applicable taxes and shipping charges, if any. Moment Surf Company takes commercially reasonable steps to post current, accurate prices for the Merchandise. However, notwithstanding such steps, pricing errors may still occur. If an item's price is displayed incorrectly, we will cancel your order for that item and alert you of the order cancellation. In addition, Moment Surf Company undertakes commercially reasonable steps to display true and accurate images, including colors, of the Merchandise on the Sites. Actual images and colors that render on your computer or device depend on a number of factors, including the capabilities and settings of your monitor or device, and may therefore not be accurate. Accordingly, Moment Surf Company does not guarantee the accuracy of the Merchandise images on the Sites.
User Content and Conduct
The Sites or the Services may include public or restricted access product reviews, discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards or other areas or services in which you or other users create, post or store messages, information, text, music or sound files, still or video images, graphics, data, code or any other digital content of any kind on the Sites ("User Content"). Interactive Areas are provided "as is" and your use of the Interactive Areas is at your own risk.
If you post User Content, you acknowledge and agree that your User Content will be accessible and viewed by others. You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking from the Sites, or collecting user data for any purpose whatsoever;
Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, bots, Trojan horses, malware, worms, corrupted data or other harmful, disruptive or destructive files of any kind or nature;
Encrypted content or content that can be demonstrated to contain encoded messages;
Content in any language other than English if an accurate, reliable translation cannot be reasonably acquired;
Multimedia content of any kind, such as photo, audio and/or video files, except when invited by the Site to do so; and
User Content that, in the sole judgment of Moment Surf Company, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Moment Surf Company or its users to any harm or liability of any type.
Representations; User Data; Security
In consideration of your use of any of the Sites and the Services, you represent and warrant that you are of legal age to form a binding contract. In consideration of your use of any of the Sites and Services, you agree to:
provide accurate, current and complete information about you as may be prompted by any Merchandise order form or other forms on the Sites ("User Data");
maintain and be solely responsible for the security of your User Data; and
accept all risks of unauthorized access to or use of your User Data and any other information you provide to Moment Surf Company.
Submissions Relating to Site(s) or Services
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Services, Merchandise or Moment Surf Company provided or submitted by you for any reason, including by of example, in response to an invitation or request to participate in surveys or other forums hosted by or for Moment Surf Company or any third party manufacturer, distributor or vendor, on the Sites or related to the Sites, in whatever form, or any other submissions to Moment Surf Company by or through any means, including email or any postings on the Sites, are non-confidential and shall be the sole property of Moment Surf Company, and that upon submission of such materials to Moment Surf Company you thereby assign without additional consideration all right, title and interest you may hold in such materials to Moment Surf Company. Moment Surf Company shall own exclusive rights, including all intellectual property rights, in such materials and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to or review by you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MOMENT SURF COMPANY, THE SITES, THE SITE MATERIALS, THE SERVICES, AND ALL MERCHANDISE AND/OR CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY BY MOMENT SURF COMPANY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY WARRANTIES IN RESPECT TO MERCHANDISE ARE LIMITED SOLELY TO THOSE WARRANTIES PROVIDED OR EXTENDED BY THE MANUFACTURER THEREOF. MOMENT SURF COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE MERCHANDISE, INFORMATION, CONTENT AND SITE MATERIALS ON THE SITES. MOMENT SURF COMPANY DOES NOT REPRESENT OR WARRANT THAT THE MERCHANDISE, CONTENT AND SITE MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR- OR DEFECT-FREE. MOMENT SURF COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMENT SURF COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PROGRAMS, TEXT OR IMAGERY. WHILE MOMENT SURF COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, MOMENT SURF COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, INJURY TO PERSON OR PROPERTY OR DEATH, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY MERCHANDISE, OR USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE INTERACTIVE AREAS, OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MOMENT SURF COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS OR INTERNET FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOMENT SURF COMPANY’S RECORDS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOMENT SURF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED THE MERCHANDISE PURCHASE PRICE OR ANY COMPENSATION YOU PAY, IF ANY, TO MOMENT SURF COMPANY FOR THE PURCHASE OF MERCHANDISE ON OR THROUGH, OR ACCESS TO OR USE OF, THE SITES.
Applicable Law and Venue
Questions & Contact Information
Questions or comments about the Sites may be directed to Moment Surf Company contact.
Effective Date: September 30, 2015
Our Privacy Philosophy
Collection of Information
We collect information you provide us on servers located in the United States. We collect information when, for example, you create an online account with us, use our website and mobile features (together, “Services”), purchase or rent from us, enter the contests, promotions, events and newsletters we sponsor or otherwise provide us information about yourself. The type of information we collect may include:
Account information we may collect includes your name, postal and e-mail address, phone number, social media username(s), and any information you may share about your interests and preferences.
Transaction information we may collect includes account information as well as your credit card information and transaction history.
Information we may collect related to Moment Surf Company demos, events and sponsored trips includes, if and as applicable, health & fitness specifics, activity proficiency, dietary requirements and emergency contact information among other things.
We may also automatically collect information about you when you access or use our Services. Automatically collected data may include log-in information (browser type, access date & time, publisher IP, etc.), device information (hardware type/model, operating system and, if using Moment Surf Company’s in-store wifi network, browsing history) as well as your location information if required.
Use of Information
The information we collect is generally used to process your requests or transactions, provide you with the Services, personalize them to you and maintain and improve their quality, tell you about opportunities we think will be of interest, monitor and analyze your use and behavior patterns, and understand your needs so that we can serve you better. For example, we may use your telephone number, your e-mail or your postal address to communicate about opportunities and programs. If you prefer not to receive Promotional Information from us, we make it easy for you to let us know. You can contact us at any time to request an update to your personal information on file or modify our use of it (see Your Choices below).
We store and process information on computer servers located in the United States.
Sharing of Information
We may share personal information about you outside of the Moment Surf Company family. For example:
We may provide to a third party certain information that is necessary to fulfill an order you have placed with us. For example, if you request shipment for a purchase, we may provide your address to the shipping carrier, and if you pay by a credit or debit card, your card number and sales transaction information are passed on to the card processor and/or issuer (including their service providers such as fraud verification services). However, we give vendors, suppliers, and others involved in the commercial distribution chain only the information needed to provide you the products or services you order, such as shipping and/or billing address, e-mail address, telephone number and product orders. Moreover, we require them to keep the information confidential and not to use it for other purposes. We are not responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.
We may also provide access to data that include your information in connection with the contemplated or actual financing, securitization, insuring, merger, sale or other encumbrance, divestiture or disposal of all or part of our business or assets, including for the purposes of determining whether to proceed with the transaction or fulfilling any records or other reporting requirements to relevant third parties. In the event of any actual transaction involving transfer of ownership or encumbrance, your personal information, among other things, may be transferred as part of the transaction.
We also may share your information when you specifically ask or authorize us to do so, or when we conclude disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, to enforce our agreements and policies, and where circumstances otherwise warrant doing so.
Social Sharing Features
We take commercially reasonable measures to secure and store your personal information to protect against its loss, misuse or alteration while under our control. We use industry standard security measures when accepting your credit card information during the online ordering process, as well as whenever we ask you to login to any of our Services. That said, data transmission over the Internet is not 100% secure. Although we use industry standard security measures, we do not guarantee against the loss, misuse or alteration of any information during its delivery or under our control. We thus urge you to always take care how you handle and disclose your personal information over the Internet
Internet Technologies Used
We are very sensitive to the issue of children’s privacy. Our Services are neither developed for, nor directed at, children under 13 years old. If you believe your child has provided us with personal information, or registered with one of our Services and would like to have this information removed, please contact our privacy representative at email@example.com for assistance.
Links from Our Services to Other Websites
Our Services may contain links to third-party owned or operated websites. When you access these external websites, the providers of the websites, which may include product or service vendors and other unrelated parties, may have access to certain information about you. Please be aware that once you have left our Services, we are not responsible for the privacy practices or the content of any websites that we do not control directly and the collection, use and disclosure of information about you by these entities will be subject to the privacy policies applicable at those other websites.
Your Information. You may update or correct information about you by logging into your online account or emailing firstname.lastname@example.org. You may also email us at this same address if you wish to deactivate your account, but note that we may retain certain information about you for archival, safety notice and other legal or business purposes.
Promotional Communications. You may opt out of receiving promotional emails and text messages from Moment Surf Company by following the instructions in those communications or by contacting Moment Surf Company customer care here. If you opt out of receiving promotional communications, we may still send you non-promotional emails that, for example, relate to your purchases, your account or our ongoing business relations.
Location Information. You also have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device, or by following the standard uninstall process and removing all Moment Surf Company applications, if any,from your mobile device.
Third Party Advertising, Analytics and Services
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. However, under the law, a business is not required to provide this information if it permits California residents to opt in to, or opt out of this type of sharing. Moment Surf Company qualifies for this alternative option. To opt out of having your information shared with third parties for direct marketing purposes, please call Customer Service.
Moment Surf Company
33260 Cape Kiwanda Drive
Pacific City, OR 97135