Terms and Conditions

This website, located at www.2ndstsurfshop.com, is owned and operated by 2nd Street Surf Shop, Inc. (“We” or “2nd Street Surf Shop”). By using this website and accepting these terms and conditions of use, you agree to be bound by the following terms and conditions of use without modification. 2nd Street Surf Shop reserves the right to alter or otherwise modify these terms and conditions of use without prior notice. Such changes, if and when made, will be posted on this website. You must check these terms and conditions of use frequently for any changes or modifications. Your use of this website after any changes to these terms and conditions of use are made and posted signifies your agreement to be bound by the terms and conditions of use as modified.

RESTRICTIONS ON USE OF MATERIALS

All material posted on this web-site, including but not limited to graphics, text, pictures, layout, audio, and video clips (the “Content”) are protected by United States Copyright law and belong to or are licensed by Ron Jon Surf Shop. Absolutely no Content of this website may be copied, reproduced, exchanged, transmitted, transferred, modified, uploaded, downloaded, published, sold or distributed without the prior written consent of Ron Jon Surf Shop.

All trademarks, service marks, proprietary logos, and trade names, including but not limited to “2nd Street,” and “2nd Street Surf Shop,” “www.2ndstsurfshop.com®,” and “all 2nd Street Surf Shop Companies” are the sole proprietary property of or are licensed to 2nd Street Surf Shop. The use and posting of trademarks, service marks, proprietary logos and trade names on this web-site in no way implies or otherwise gives you a license to use them. No trademark, service mark, proprietary logo or trade name may be used in any manner without the prior written consent of 2nd Street Surf Shop.

JURISDICTIONAL ISSUES

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without reference to its conflict of law rules. You herein irrevocably consent to the exclusive jurisdiction and venue of the courts in Broward County, Florida, U.S.A., for any claim or dispute arising out of or relating to these Terms and Conditions of Use or your use of this website. You further agree and expressly consent to exercising personal jurisdiction in the State of Florida in connection with litigating any such claim or action.

Unless otherwise specified, the Content of this website is intended to be used to provide information about 2nd Street Surf Shop products and services and related sporting and recreational events. No Content from this Site may be downloaded or otherwise exported or re-exported (1) into (or to a national resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By using or downloading the Content of this site, you represent and warrant that you are not located in or under the control of, or a national resident of, any such country or on any such list.

2nd Street Shop does not warrant that this Site will be available or legal to use outside the United States of America. It is solely your responsibility to comply with the laws of other countries and the United States when accessing or using this Site from outside of the United States.

DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, 2ND STREET SURF SHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT THE (1) ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE, OR (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO RON JON SURF SHOP’S NEGLIGENCE, SHALL 2ND STREET SURF SHOP BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF THE SITE, (B) THE INABILITY TO USE THE SITE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF 2ND STREET SURF SHOP OR ANY AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU (AND NOT 2ND STREET SURF SHOP) SHALL ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 2ND STREET SURF SHOP’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless 2nd Street Surf Shop and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliated organizations (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms or your foregoing representations, warranties or covenants. You agree to cooperate as fully as reasonably required in 2nd Street Surf Shop’s defense of any claim. 2nd Street Surf Shop reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not settle any matter without the written consent of 2nd Street Surf Shop.

GENERAL PROVISIONS

These terms and conditions and any additional terms posted on the Site constitute the entire agreement between 2nd Street Surf Shop and you with respect to your use of this Site. If, for any reason, a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these terms shall continue in full force and effect.