Welcome to the website operated by Wakesurfer LLC (the “Site”). This Site is provided as a service to our customers. These Terms of Use help explain how you can, and should not, use our Site and the content you find here (the “Content”). They also contain some important legal clarifications, terms and disclaimers.

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. FOR THISREASON, WE ENCOURAGE YOU TO REVIEW THE TERMS OF USE WHENEVER YOU ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

 

ACCEPTANCE OF TERMS

This Site is designed for and targeted to individuals who are at least 18 years of age or older. In order to use and access the services provided by this Site, you must be 18 years of age or older. If you are not 18 years of age or older, please stop and discontinue your use of the Site. If for any reason you do not agree with the terms of these Terms of Use or this Site’s (“Privacy Policy”), please discontinue using this Site. By using the Site, you represent that you are 18 years of age or older, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into and comply with these Terms of Use.

 

SITE TRANSACTIONS

The prices displayed on the Site are quoted in U.S. Dollars and are subject to change at any time. We reserve the right to refuse any order you place with us and we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made in the event we make a change to or cancel an order. The creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product. An order can be cancelled for various reasons pursuant to the terms of our cancellation policy and we reserve the right to accept or decline your order for any reason up until the time the product is actually shipped to you. If you are unsatisfied with a product, you may return it in accordance with the terms of our return policy

 

OUR SITE FEATURES AND CONTENT

Unless otherwise noted, the features and our content on the Site, including our software, text, images, illustrations, designs, photographs, videos and other materials, is owned or licensed by Wakesurfer LLC. You may use these features and content for your personal, non-commercial use only. No right, title or interest in any of our features or content is transferred to you as a result of accessing or using them. All intellectual property rights in the Site features and our content,

including copyright, patent, trademark and trade dress rights, are expressly reserved by Wakesurfer LLC.

We reserve the right at any time to change, modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

 

PERSONAL INFORMATION

Your submission of personal information to us is governed by the terms of our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order.

 

LINKS TO OTHER WEB SITES AND SERVICES

Our Site may contain links to other websites that we do not own or control. We have no responsibility for these sites nor does linking to them necessarily constitute an affiliation, recommendation or endorsement.

 

SITE SECURITY

You are prohibited from violating or attempting to violate the security of this Site, or attempting to use the Site to gain unauthorized access to any other computer system. Such violations may result in civil or criminal liability. We may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations.

 

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE, AND THE PRODUCTS, INFORMATION, DATA AND CONTENT FOUND ON THIS SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVERS MAKING CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK, AND WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

 

INDEMNIFICATION

You agree to defend, indemnify and hold Wakesurfer LLC its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of this Site, your content, or your violation of these terms.

 

DISPUTE RESOLUTION

In the event of any claim, action or dispute arising out of or related to any transaction conducted on this Site, or the breach, enforcement, interpretation, or validity of these terms, we agree first to communicate by in writing to the contact address used in connection with this Site, and describe the facts and circumstances, and allow the recipient at least thirty days to respond or settle the dispute prior to taking any other form of action, including legal action.

 

CHOICE OF LAW

These terms shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under these terms shall be resolved exclusively by the Minnesota state or federal courts located in the State of Minnesota. No modification or waiver of these terms shall be enforceable unless in writing signed by us. These terms are severable, and if anyone is deemed unenforceable, all other terms shall remain in full force and effect. These terms constitute the entire agreement between us relating to your use of the Site.

 

CHANGES TO THESE TERMS

We may update these Terms of Use from time to time. When we do, we revise the “updated” date at the top of this page. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and become aware of modifications.

 

CONTACTING US

If you have any questions about these Terms of Use, or your experience with this Site, please contact us at 1-833-844-9253.