Welcome to swellwake.com (the "Site). Swell Ventures LLC, including Swell Wakesurf Creator® provide their services to you subject to the following terms & conditions. ("Terms and Conditions" or "Agreement" )Please read the following terms and conditions carefully before using our Site. If you do not agree to these terms and conditions, please do not use our site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms and Conditions.Electronic Communications
When you visit swellwake.com 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
Swell Wakesurf does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at swellwake.com only with involvement of a parent or guardian. Swell Wakesurf and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their 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 firstname.lastname@example.org
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.Copyright
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 Square One Distribution and protected by U.S. and international copyright laws. All software used on this Site is the property of Swell Ventures LLC 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 LLC. 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 Wakesurf and our affiliates without express written consent. You may not use any meta tags or any other "hiddentext" utilizing Swell Wakesurf name or trademarks without the express written consent of Swell.
Swell Wakesurf, Swell Wakesurf Creator™ and other marks indicated on our Site are registered trademarks of Swell Ventures LLC in the United States and other countries. Swell Wakesurf graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Swell Ventures LLC. Swell Wakesurg’s trademarks and trade dress may not be used in connection with any product or service that is not Swells, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swell. All other trademarks not owned by Swell 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.Indemnification
You agree to indemnify, defend, and hold harmless Swell, 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, or your violation of these Terms & Conditions, any law or the rights of any third party.
Third Party Links
Swell may link to third-party sites. Swell 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 items 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 attempts to be as accurate as possible. However, Swell does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Swell 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 ON AN "AS IS" AND "AS AVAILABLE" BASIS. SWELL 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 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWELL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SWELL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWELL WAKESURF 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
By visiting swellwake.com, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Swell.Disputes
Any dispute relating in any way to your visit to swellwake.com or to products you purchase through swellwake.com 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’s intellectual property rights, Swell 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.Site Policies, Modification, and Severability
We reserve the right to make changes to our Site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Updated August 5th, 2016
COPYRIGHT 2016, SWELL VENTURES LLC, ALL RIGHTS RESERVED.