Terms of Service

Please read these terms carefully before using our website.

Effective Date: March 1, 2024

1. Acceptance of Terms

By accessing and using the website aquaeastsurf.org (the "Site"), operated by Aqua East Surf Shop, Inc. ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Site.

These Terms constitute a legally binding agreement between you and Aqua East Surf Shop, Inc. regarding your use of the Site.

2. Description of Service

The Site is an informational website that provides:

  • Information about Aqua East Surf Shop, Inc. and our products and services
  • Contact forms for inquiries and communication
  • Location information and business hours
  • General information about surf, skate, and beach lifestyle products

The Site is provided for informational purposes only. We do not sell products or process transactions through this Site. All purchases must be made in person at our physical store location.

3. Eligibility

By using the Site, you represent and warrant that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into a binding agreement
  • You are not prohibited from using the Site under applicable law
  • You will comply with these Terms and all applicable laws

If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Responsibilities

As a user of the Site, you agree to:

  • Provide accurate and truthful information when submitting forms
  • Use the Site only for lawful purposes
  • Not interfere with or disrupt the operation of the Site
  • Not attempt to gain unauthorized access to any part of the Site
  • Not use automated systems (bots, scrapers) to access the Site without permission
  • Not transmit any malicious code, viruses, or harmful content
  • Not impersonate any person or entity
  • Not collect or store personal information about other users

5. Prohibited Uses

You may not use the Site:

  • For any unlawful purpose or in violation of any laws
  • To harass, abuse, or harm another person
  • To distribute spam, advertisements, or unsolicited communications
  • To transmit viruses, malware, or any other harmful code
  • To attempt to gain unauthorized access to our systems
  • To interfere with or circumvent security features
  • To collect information about other users without consent
  • To engage in any activity that damages, disables, or impairs the Site
  • To reproduce, duplicate, or copy the Site for commercial purposes
  • To use any automated means to access the Site without prior written consent

We reserve the right to terminate your access to the Site if you violate these prohibitions.

6. Intellectual Property

6.1 Our Content

The Site and its original content, features, and functionality are owned by Aqua East Surf Shop, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes, but is not limited to:

  • Text, graphics, images, and logos
  • Website design and layout
  • Software and code
  • Trademarks and service marks

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not:

  • Reproduce, distribute, or create derivative works from our content
  • Use our trademarks without prior written consent
  • Remove any copyright or proprietary notices
  • Transfer or sublicense any rights to third parties

6.3 User Submissions

By submitting information through our contact forms, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that information for the purpose of responding to your inquiry and conducting our business.

7. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that:

  • The Site will meet your specific requirements
  • The Site will be available at all times
  • The Site will be free of errors, viruses, or other harmful components
  • Information on the Site is accurate, complete, or current

We are not responsible for any damage to your device or data resulting from your use of the Site.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUA EAST SURF SHOP, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE
  • ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
  • ANY DAMAGES RESULTING FROM THIRD-PARTY CONTENT OR SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SITE SHALL NOT EXCEED $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages, so the above limitations may not apply to you.

9. Third-Party Services and Links

The Site may contain links to third-party websites or services, including:

  • Google Maps for location information
  • FormSubmit.co for form processing

We are not responsible for:

  • The content, accuracy, or practices of third-party sites
  • Any damage or loss caused by third-party services
  • The privacy practices of third-party services

We encourage you to review the terms and privacy policies of any third-party services you access.

10. Indemnification

You agree to indemnify, defend, and hold harmless Aqua East Surf Shop, Inc. and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to:

  • Your use of the Site
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit through the Site

11. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including:

  • Violation of these Terms
  • Conduct that we believe is harmful to other users or our business
  • Legal requirements or requests from law enforcement
  • Technical or security reasons

Upon termination, your right to use the Site will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Site shall be resolved in the state or federal courts located in Duval County, Florida. You consent to the personal jurisdiction of these courts.

13. Dispute Resolution

Before filing a lawsuit, we encourage you to contact us to resolve any disputes informally. If we cannot resolve a dispute within 30 days, either party may pursue legal remedies in the courts specified above.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Effective Date" above.

Your continued use of the Site after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Site.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Aqua East Surf Shop, Inc. regarding your use of the Site and supersede any prior agreements.

17. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by us to be effective.

18. Contact Information

If you have any questions about these Terms, please contact us: