Terms & Conditions
Terms and Conditions
Last updated: 21 October 2021
Welcome to swellwake.com (the “Site"). Swell Ventures LLC, having a registered address at 2330 Leibel St, Suite 104, White Bear Lake, MN 55110, the United States of America, and the company number 651-400-2389, including Swell Wakesurf Creator®, (“Swell Ventures”, “we,” “us,” and “our”) provide the Site to you subject to the following terms and conditions (the “Terms” or “Agreement”). Please read the Terms carefully before using our Site. If you do not agree with one or more provisions ofthese Terms, please do not use our Site. By using or accessing the Site, you signify that you have read, understand and agree to be bound by these Terms and Conditions.
- User Account
- You are a human and not a machine (User Accounts that are registered by machines, bots, and other automated methods are not permitted);
- You are at least 18 years old;
- You can conclude legally binding contracts with us;
- You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Website;
- You will provide only true, accurate, complete, and up-to-date personal data;
- You will register no more than one User Account; and
- You will be solely responsible for all information and activities that occur under your User Account.
1.3 Security of the User Account. You are solely responsible for maintaining the confidentiality of your User Account, including handling your login details and passwords in a secure manner. You further agree to immediately notify us about any allegedly unauthorised use of your User Account or any other security breach related to your User Account. You are responsible for using secure Internet connection and protected networks when accessing the Site. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
1.4 Deactivation of the User Account. At any time, you may deactivate your User Account. Upon deactivation of the Account, these Terms shall terminate.
1.5 Suspension and termination of User Account. We reserve the right to suspend or terminate your User Account if, at our sole discretion, we have grounds to believe that your use of the Site seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.
1.6 Assignment of the User Account. You are not allowed to assign your rights under these Terms and your User Account is not transferable.
- The Products
2.1 The Products featured on the Website may be available in limited sizes and quantities. We use reasonable efforts to display colours, images, and other specifications of the Products accurately. However, we cannot guarantee that the screen of your computing device will display the colours and ima
ges of the Products accurately. Although we use reasonable efforts to ensure the quality of the Products, we cannot warrant that the quality of the Products will meet your expectations.
2.2 The Products are available as long as they are displayed on the Site or as long as our stocks last. An “out of stock” or similar notice placed next to the Products indicates that the Products are not available.
2.3 We reserve the right, but are not obliged, to:
- Limit the sale of the Products for any person, geographic region and may exercise this right on a case-by-case basis;
- Limit the quantities of the Products for sale;
- Change the descriptions and pricing of the Products at any time with or without prior notice; and
- Discontinue the Products at any time.
2.4 DISCLAIMER. The information provided on the Site and the related materials is intended for personal information and education purposes only. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information that can be found on the Site. The use of the Products is dangerous and may result in physical harm, injuries, and death. You must consult a certified professional before using the Products and follow all instructions, guidelines, and user manual while using the Products. The Products must be used for their intended purposes only. We assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction that you take based on the information found on the Site or your use of the Products.
- Shipping and Delivery
3.1 Shipping. We will arrange for the Products that you order to be delivered to the delivery address that you specify during the checkout process. Please note that we do not deliver to P.O. boxes. Any applicable shipping charges will be calculated and displayed to you during the checkout. After the Products have been dispatched, you will receive a shipment confirmation email with a tracking number and an estimated delivery time. The estimated delivery times and delivery fees remain subject to change at our sole discretion. Please note that the delivery times are estimates only and may depend on the operations of our third-party delivery service providers. If you have not received your Products during the specified delivery times, please contact us and we will look into your order.
3.2 Our responsibility. We are not responsible for any fees applied by third parties during or after shipping (tariffs, taxes, etc.). Such fees must be paid by you. We will not reimburse such fees. We are not liable for any Products that were damaged during shipment. If you receive damaged Products, please contact us within 24 hours following the receipt of the damaged Products. If the damage was caused by our delivery partner, you may need to file a claim with it.
3.3 Delivery delay. We use reasonable endeavours to ensure that the Products are delivered on or before the date indicated for delivery. However, we cannot guarantee delivery by this date as the delivery is executed by our third-party delivery partners and we are not liable for any delays that occur outside our reasonable control.
3.4 Delivery failure due to your fault. If (i) our delivery partner is unable to deliver your Products, (ii) such a failure occurs due to your fault, and (iii) you do not collect your Products from the delivery partner within the relevant time period, we may, but have no obligation to, agree to arrange for re-delivery of the Products. We reserve the right to charge you for the actual costs of re-delivery. Below are examples of situations where a failure to deliver is considered to be your fault: You provided the wrong address for delivery;
- There is a mistake in the address for delivery that was provided;
- The address for delivery is not reasonably or safely accessible;
- If in-person receipt is not required, there is no easy and secure means of leaving the Products at the address for delivery and there is no person available to accept delivery; or
- If in-person receipt is required, there is no person available to provide a signature.
- Fees, Payments, and Refunds
4.1 The Fees. The purchase of the Products is subject to the applicable fees (the “Fees”) payable by you in accordance with the Fees made available on the respective webpage of each Product. By concluding a purchase contract with us (i.e., placing your order), you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as (i) they are indicated on the Site or (ii) as communicated by us. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to you and, if necessary, we will request you to provide consent to the amendments of the Fees.
4.2 Taxes. Unless indicated otherwise, the Fees exclude sales tax and duties imposed by taxing authorities. We are not responsible for covering any Internet service fees, surcharges, and other amounts incurred as a result of your use of the Website and you are solely responsible for covering such costs.
4.3 Payment. All payments related to the Website and your orders are processed by our third-party payment processors (the “Payment Processors”). When you make a payment on the Site, the Payment Processors collect some personal data from you which allow them to make the payments requested by you (e.g., your credit card number, expiration date, billing and shipping address, and security codes). The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing. We do not have direct access to your full payment information - only a part of it is made available to us by the Payment Processors. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
4.4 Technical steps to conclude a service contract. If you would like to conclude a service contract with us need to: (i) visit the Site; (ii) register your User Account by submitting the requested personal data (optional); (iii) add the chosen Products to your shopping cart; and (iv) provide the required payment information and personal data. You will be able to identify and correct any input errors prior to clicking on the “Buy now” button. After you click on the “Buy now” button, we will send a confirmatory email informing you about your order. By clicking on the “Buy now” button and receiving a confirmatory email, you conclude a sales contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding the order, you can consult your User Account or contact us directly.
4.5 Returns. You have the right to withdraw from a service contract within the period of 30 days after you have physically taken possession of the Products without providing any reason to us.
4.6 How to return the Products? If you would like to receive a refund, you must inform us of your decision to withdraw from the contract by contacting us by email at firstname.lastname@example.org before the 30-day period expires. After you get our return notice, you have to return the Products at your own cost to the address indicated by us without undue delay and in any event no later than 30 days from the day on which you informed us about your wish to return the Products. The deadline is met if you send back the Products before the period of 30 days expires. The shipping costs for the return of the Products shall be paid fully by you and are non-refundable. To be entitled for a refund, the Products must be (i) new, (ii) unused, (iii) complete, (iv) in an impeccable condition, (v) with all manuals and accessories, (vi) with the applicable tags on, and (vii) in their original packaging. If any of these conditions are not met, we will not refund you for the returned Products.
4.7 Refunds. When you return the Products, we will refund the Fees, including initial basic (cheapest) delivery costs, by using the same payment method that was used to make the payment. In any case, you will not incur any fees as a result of the refund. The refund may be withheld until we receive the returned Products, the Products are assessed as being properly returned back (e.g., they are in an impeccable state, unused, and properly labelled), or you have supplied evidence of having sent back the Products, whichever is the earliest.
4.8 Faulty Products. If you find that the Products that you have received are faulty or wrong Products have been delivered, you can, within 30 days from the day you received the said Products:
- Cancel the purchase and return the Products as described above;
- Request a reduction of the Fees (please contact us for further information), which we may or may not agree to at our sole discretion;
- Request a repair of the Products; or
- Request to replace the Products with the same non-faulty Products or similar Products (please contact us for further information).
- User-generated Content
5.1 You may submit reviews, comments, complete surveys, and provide us with other content (the “User-Generated Content”) through the Site. Please note that some of the User-Generated Content may become publicly available. Therefore, we request you to: (i) exercise your due diligence when submitting the User-Generated Content on the Site; (ii) not to make publicly available any sensitive information; and (iii) make sure that, by submitting the User-Generated Content on the Site, you comply with these Terms.
5.2 By submitting the User-Generated Content on the Site, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the User-Generated Content for the purposes of carrying our legitimate business interests.
5.3 You agree not to submit the User-Generated Content that violates these Terms or any applicable laws, including intellectual property rights of others.
5.4 You understand and agree that, in order to ensure the security of the Site, we may, but have no obligation to, monitor or review the User-Generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm the reputation of our business. However, you remain solely responsible for your User-Generated Content.
5.5 You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorisation or consent to share that personal data (e.g., you cannot publish name and contact details of a person who has not allowed you to do so) through the User-Generated Content.
5.6 The User-Generated Content includes your personal views and recommendations. The User-Generated Content does not reflect our views, recommendations, endorsement, or any commitments related thereto.
- Acceptable Use Policy
6.1 When using the Site, you are required to follow our acceptable use policy outlined in this section 6. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
6.2 You are not permitted to use the Site in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Dissemination of information about the acts, including pranks and challenges, that may result in injuries, physical harm, or distress to children;
- Posting of the User-Generated Content that depicts, links to, or incites others to commit acts of violence;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Site;
- Interfering with or abusing other users of the Site;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about the users of the Site.
6.3 Reporting inappropriate content. If you think that some of the content available on the Site is inappropriate, infringes these Terms, applicable laws, or your or third party’s right to privacy, you are requested to contact us immediately.
6.4 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send you a formal warning;
- Cancel your order;
- Temporarily or permanently prohibit your use of the Site;
- Report you to the relevant public authorities; or
- Commence a legal action against you.
- Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Children Under the Age of 18
We do not sell products to children, but we sell them to adults, who can purchase products with a credit card. If you are under 18, you may shop on the Site only with involvement of a parent or guardian. We and our affiliates reserve the right to refuse service, remove or edit content, or cancel orders in our sole discretion.
- The Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- (c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
- (d) The name, address, telephone number and email address (if available) of the complaining party;
- (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Swell Wakesurf or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Swell Ventures and protected by United States and international copyright laws. All software used on this Site is the property of Swell Ventures or its software suppliers and protected by United States and international copyright laws. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Swell Ventures. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swell Ventures and our affiliates without our express written consent. You may not use any meta tags or any other "hiddentext" utilizing Swell Wakesurf name, Swell Ventures name, or trademarks without the express written consent of Swell Ventures.
Swell Wakesurf, Swell Wakesurf Creator™, Swell Ventures and other marks indicated on our Site are registered trademarks of Swell Ventures in the United States and other countries. Swell Swell Ventures graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Swell Ventures. Swell Ventures’ trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Swell Ventures that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Swell Ventures.
You agree to indemnify, defend, and hold harmless Swell Ventures, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from your use of this Site, your conduct in connection with the Site, your use of the Products, or your violation of these Terms, any law or the rights of any third party.
- Third-Party Links
We may link to third-party sites. Swell Ventures has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.
- Risk of Loss
All Products purchased from Swell are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Product Descriptions
Swell Ventures attempts to be as accurate as possible. However, we do not warrant that Product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If any Product offered by Swell Ventures itself is not as described, your sole remedy is to return it in a new, unused condition.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SWELL VENTURES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SWELL VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SWELL VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWELL VENTURES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SWELL VENTURES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWELL VENTURES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Applicable Law
These Terms are governed by the laws of the state of Minnesota, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Swell Ventures.
Any dispute relating in any way to your visit to the Site or to the Products you purchase through the Site shall be submitted to confidential arbitration in St Paul, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Swell Ventures’ intellectual property rights, Swell Ventures may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This section 18 does not affect any statutory rights that you are entitled to as a consumer.
- Site Policies, Modification, and Severability
We reserve the right to make changes to our Site, our business practices, policies, and these Terms at any time. If any part of these Terms is deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.
- Term and Termination
The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using the Website.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of the Site, the Products, or your violation of any law or the rights of a third party.
We put reasonable efforts to ensure that the Site is always accessible. However, the availability of the Site may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or other force majeure events. We take no responsibility for the unavailability of the Site caused by such factors.
- Contact Us
SWELL Ventures LLC
2330 Leibel Street
White Bear Lake, MN 55110
COPYRIGHT 2021, SWELL VENTURES LLC, ALL RIGHTS RESERVED.