Introduction
Welcome to the Surfware Hawaiian® Classics Hats website (the “Site”) provided by Surfware Hawaiian® (“Surfware”, “we”, “us” and “our”). These Terms and Conditions (“Terms”) set forth the terms and conditions under which we offer you access to and use of our Site and services.
Please read these Terms carefully before using our Site or services. By accessing or using the Site or services, you agree to be bound by these Terms and all policies and guidelines incorporated in the Terms by reference. If you do not agree to all of these Terms, do not access or use the Site or services.
These Terms constitute a binding legal agreement between you and Surfware regarding your use of the Site and any purchase of products. For purposes of these Terms, “you” refers to any user or viewer of the Site or customer of Surfware.
Surfware may modify these Terms at any time, and such modification shall be effective immediately upon posting the modified Terms on the Site. You agree to review these Terms and any updated version periodically to be aware of any revision to which you are bound. Your continued use of this Site or services after the posting of revised Terms means you accept and agree to the changes.
Use of the Site and Services
Age Restriction. The Site and services are intended solely for users who are age 18 or older. Any access or use of the Site or services by anyone under 18 is expressly prohibited. By accessing or using the Site or services, you represent and warrant that you are 18 or older.
Site Access. We grant you a limited, revocable, non-exclusive license to access and make personal use of the Site in accordance with these Terms. You may not download or modify the Site or any portion of it, except with express written consent from Surfware.
Site Content. All content and materials on the Site, including but not limited to text, graphics, logos, audio clips, digital downloads, data compilations and software, is the property of Surfware or its content suppliers and protected by United States and international copyright laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any content or materials from the Site without Surfware’s prior written permission.
User Content. By posting, uploading, inputting, providing or submitting your content or materials to us, you grant Surfware an irrevocable, worldwide, royalty-free, fully sublicensable, perpetual license to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from and publicly display and perform such content. You shall be solely responsible for your own content and the consequences of posting, publishing it, sharing it, or uploading it.
Account Registration. You may browse the Site without registering for an account. However, you must register and create an account to purchase any products or services on the Site. When you create an account, you agree to provide complete and accurate information about yourself. You are solely responsible for any activity that occurs on your account. You may not create multiple accounts for disruptive or abusive purposes or otherwise evade temporary or permanent suspension from the Site or services.
User Conduct. You agree not to use the Site or services to:
- Post, upload or transmit any defamatory, libelous, vulgar, obscene, offensive, indecent, sexually explicit, pornographic or profane material.
- Threaten, stalk, harass, abuse or harm another user.
- Violate any applicable laws, regulations or ethical codes of conduct.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party.
- Post or transmit unsolicited commercial messages or advertisements unrelated to Surfware services.
- Impersonate another person or entity.
- Restrict or inhibit any other user from using the Site or services.
- Use automated scripts to collect data from or interact with the Site or services.
- Post, upload or transmit viruses, corrupted files or any other similar software or program.
- Download any file, content or material that you know, or reasonably should know, cannot legally be distributed.
Availability of Products and Services. The products and services offered on the Site are subject to availability and may change at any time without notice. We make no representation or warranty that any product or service will remain available for a period of time.
Product Descriptions. Surfware attempts to describe and display products offered on the Site as accurately as possible. However, we do not warrant that the product descriptions, colors, or images are precise, complete, reliable, current or error-free. Products sold may differ slightly from their images. The inclusion of any products or services on the Site does not imply endorsement of those products or services.
Pricing. Prices and availability of products are subject to change without notice. Unless otherwise stated, prices displayed on the Site are in U.S. dollars. We make all reasonable efforts to accurately display prices. In the unlikely event of an error, we will correct it upon discovery or notification. If any price on the Site for a product you ordered appears incorrect, your order may be cancelled.
Shipping & Delivery. When you purchase a physical product on the Site, the shipping methods, timing and costs will be clearly displayed at checkout. You agree to pay any shipping and handling charges incurred to deliver the products to you. Title and risk of loss for products pass to you upon our transfer of the products to the carrier.
Sales Tax. Applicable sales tax will be collected for orders shipped to addresses within Hawaii, as required by state law.
Returns & Refunds. Please review our complete Returns & Refunds Policy [LINK] before making any purchases on the Site.
Disclaimer of Warranties. Products purchased through the Site are provided “as is” without any warranties or conditions of any kind, either express or implied. We expressly disclaim any warranties of title, merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained from Surfware or through the Site or services shall create any warranty.
Limitation of Liability. Under no circumstances shall Surfware be liable for any direct, indirect, punitive, incidental, special consequential damages, or any other damages arising from use of the Site, purchase of products or use of Surfware’s services whatsoever, whether based on a theory of breach of contract or warranty, negligence, strict liability, tort or any other legal theory, even if Surfware has been advised of the possibility of such damages. In no event shall Surfware’s total liability to you for any damages exceed the price paid by you for the specific product giving rise to the cause of action. Some jurisdictions do not allow limitations on implied warranties or exclusion of consequential damages, so the some of above limitations may not apply to you.
Indemnification. You agree to defend, indemnify and hold Surfware harmless from and against any claims, actions, proceedings, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in any way connected with (a) your access to, use or misuse of the Site or services; (b) your violation of these Terms or any additional terms, conditions, warnings or instructions provided by Surfware; (c) your violation of any applicable law or third party rights. We reserve the right to handle our legal defense however we see fit even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Termination of Use. We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site or services at any time without prior notice or liability if you breach any of these Terms. Upon termination, you must immediately cease using the Site or services and destroy all materials obtained therefrom. The following Sections shall survive termination or expiration of these Terms: Disclaimer of Warranties, Limitation of Liability, Indemnification, Intellectual Property, Dispute Resolution and General Terms.
Purchasing Products
Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify Surfware’s acceptance of your order. Surfware reserves the right to accept or reject orders at its sole discretion. We may require additional verification or information before accepting an order. If an order is rejected, we will notify you and issue a refund if payment has already been made.
Cancelling Orders. If you cancel an entire order before shipment, we will issue a full refund of the purchase price. If you cancel an order after it has shipped, please refer to the Returns & Refunds Policy [LINK].
Payment Options. We accept Visa, Mastercard, American Express, Discover and PayPal. All payments are processed by secure third-party payment processors. We do not directly process or store your credit card information. You represent and warrant that you are authorized to use the payment method tendered.
Recurring Payments. Some products or services may involve recurring periodic charges or automatic renewal. By subscribing to such products or services, you authorize us to charge your payment method on a recurring basis until you cancel the subscription. Instructions for cancelling subscriptions will be provided in the terms for that product or service.
Intellectual Property
The Site contains copyrighted material, trademarks and other proprietary information of Surfware and third parties. By accessing the Site, you do not acquire any ownership rights to any content on the Site. You may not use any Surfware or third party trademarks, service marks or logos appearing on the Site without the prior express written permission of Surfware or the applicable third party owner.
Dispute Resolution
Governing Law. These Terms shall be governed by the laws of the State of Hawaii without regard to conflict of laws principles. You expressly agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Hawaii for any disputes relating to your access to or use of the Site or purchase of products.
Mediation. In the event of a dispute arising under or relating to these Terms or the Site, the parties agree to attempt to resolve the dispute through good faith negotiations. If the dispute cannot be settled through good faith negotiation within 30 days, either party may submit the dispute to non-binding mediation with a mutually agreed upon mediator in Hawaii.
Arbitration. If the dispute cannot be resolved through mediation, you and Surfware agree to submit the dispute to binding arbitration before a neutral single arbitrator agreed upon by the parties. Arbitration proceedings shall take place in Hawaii. The arbitrator has the authority to grant any remedy that would otherwise be available in court. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Class Action Waiver. You agree not to participate in any class action or class-wide arbitration against Surfware. You expressly waive your right to maintain any class action or seek relief on a class basis.
Attorneys’ Fees. In any arbitration or court proceeding between the parties, the prevailing party shall be entitled to recover its reasonable costs and attorneys’ fees in addition to any damages or arbitration award.
Severability. If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be modified to the least degree necessary to remedy the invalidity while still giving as much effect as possible to the parties’ original intent.
General Terms
Entire Agreement. These Terms constitute the entire agreement between you and Surfware with respect to your use of the Site or services and purchase of products. They supersede any prior agreements or communications. Additional or conflicting terms provided by you shall not apply.
No Waiver. Surfware’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Surfware.
Headings. The section headings herein are for convenience only and shall not impact the interpretation of these Terms.
Assignment. You may not assign or transfer these Terms or any rights or licenses granted hereunder. Surfware may assign its rights and obligations under these Terms in whole or part to any third party without restriction or notice.
Force Majeure. Surfware shall not be liable for any failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including but not limited to, strikes, riots, wars, earthquakes, storms, fires, pandemics, acts of nature, and acts of any governmental authority.
Contact Us. If you have any questions about these Terms or our Site, please contact us at:
Surfware Hawaiian®
123 Beach Street
Honolulu, HI 96825
Email: [email protected]