Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Aqua East Surf Shop, Inc ("Company," "we," "us," or "our") concerning your access to and use of the aquaeastsurf.org website and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Use of Our Services

1.1 Eligibility

You must be at least 18 years old to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.

1.2 Account Registration

Some features of our Services may require you to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

1.3 Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Engage in any fraudulent or deceptive practices
• Harass, abuse, or harm another person
• Impersonate any person or entity

2. Services and Products

2.1 Service Description

Aqua East Surf Shop, Inc provides surf equipment sales, surf lessons, equipment rentals, board repairs, and consulting services. All services are subject to availability.

2.2 Pricing and Payment

All prices are in US Dollars and subject to change without notice. Payment is due at the time of purchase or service booking. We accept various payment methods as indicated at checkout.

2.3 Refund and Cancellation Policy

• Equipment Sales: Returns accepted within 14 days of purchase with receipt and in original condition
• Surf Lessons: Cancellations must be made at least 24 hours in advance for a full refund
• Rentals: No refunds for early returns; damage charges may apply
• Repairs: Non-refundable once work has commenced

3. Intellectual Property Rights

3.1 Our Content

All content on our Services, including text, graphics, logos, images, and software, is the property of Aqua East Surf Shop, Inc or our licensors and is protected by copyright, trademark, and other intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.

3.3 Restrictions

You may not:

• Modify, copy, or create derivative works based on our Services
• Distribute, sell, or transfer our content
• Reverse engineer or attempt to extract source code
• Remove any copyright or proprietary notices

4. User-Generated Content

4.1 Your Content

You retain ownership of any content you submit through our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.

4.2 Content Standards

You agree that your content will not:

• Contain illegal, offensive, or inappropriate material
• Violate any third-party rights
• Contain viruses or malicious code
• Be used for spam or unauthorized advertising

5. Liability and Assumption of Risk

5.1 Assumption of Risk

Surfing and water sports carry inherent risks. By participating in our surf lessons or using our equipment, you acknowledge and assume all risks associated with these activities.

5.2 Waiver of Liability

To the maximum extent permitted by law, you agree to release and hold harmless Aqua East Surf Shop, Inc, its officers, employees, and agents from any claims, damages, or injuries arising from your use of our Services or participation in surf activities.

5.3 Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or secure.

5.4 Limitation of Liability

To the maximum extent permitted by law, Aqua East Surf Shop, Inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services.

6. Indemnification

You agree to indemnify, defend, and hold harmless Aqua East Surf Shop, Inc from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your participation in surf activities

7. Third-Party Links and Services

Our Services may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of third-party sites. Your use of third-party services is at your own risk.

8. Privacy

Your use of our Services is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

9. Modifications to Services and Terms

9.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice.

9.2 Terms Modifications

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

10. Termination

We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use our Services will immediately cease.

11. Governing Law and Dispute Resolution

11.1 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.

11.2 Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in Jacksonville, Florida, except that either party may seek injunctive relief in court.

11.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

12. 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.

13. 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 our Services.

14. Contact Information

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

15. Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.