Ulupono Surf Company® terms and conditions are outlined below. By using this website (www.uluponosurf.com) or any other website including social media pages managed or administrated by Ulupono (our “websites”), you are agreeing to these terms and conditions. If you do not agree with these terms and conditions, please do not use our websites. Please be aware that we may change or make modifications to these terms and conditions at any time. Any changes will be indicated on this page and the latest revision date indicated at the bottom of this page. You are encouraged to review any changes to our terms and conditions on a regular basis.
Use of Content
Our websites and all content including images, illustrations, articles, and posts (our “content”) are the property of Ulupono and are protected from unauthorized copying, duplication, and dissemination by copyrights that are owned by Ulupono and by copyright law, trademark law, international conventions, and other intellectual property laws. You may not reproduce, perform or create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any content from our websites without the prior explicit, written permission of Ulupono. Nothing contained in our websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our websites or our content through the use of framing or otherwise, except: (i) as expressly permitted by these terms and conditions or (ii) with the prior explicit, written consent of Ulupono or such third-party that may own the trademark or copyright of information displayed on our websites.
Intellectual Property Rights
Ulupono and its related names and logos are all trademarks and trade names owned by Ulupono and are protected by law. Other trademarks and trade names not specifically listed here, but which are associated with Ulupono, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of UIupono or its affiliates and are protected by federal and state law and may not be copied, imitated, or derived in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Ulupono will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
Third-Party Products and Services
Ulupono is not responsible for the content of any sites that may be linked to or from our websites. Nor do we make any representations or warranties of any kind regarding any products or services offered by any third-parties whose icons, products, services, or hyperlinks appear on our websites. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from our websites are independent from Ulupono or its affiliates nor do they have control over the content of such third-party sites. Additionally, any links to third-party sites from our websites should not be construed as approval or endorsement by Ulupono of that third-party or of any product or service provided by that third-party. Your correspondence or business dealings with third-parties found on or through our websites, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-parties. We will not be involved or held responsible for any disputes arising from or related to any correspondence or business dealings between you and such third-parties.
Children’s Online Privacy Protection Act (COPPA)
Our websites are restricted to minors, as defined by that minor’s local jurisdiction. Minor’s residing in the United States are defined by the Federal Trade Commission as children under 13 years of age. If you believe that a minor has been using our websites for any purpose, please contact us at firstname.lastname@example.org or (562) 204-6277.
Disclaimer of Warranties and Limitation of Liability
Our websites and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. To the fullest extent permitted by applicable law, UIupono disclaims all warranties, express and implied, statutory or otherwise, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on our websites or any information, product, or service available through our websites, you do so at your won risk. Ulupono does not warrant that our websites will operate or perform in a manager that is uninterrupted or error-free, or that our websites will operate or perform in a manner that is uninterrupted or error-free, or that the site or the host server will be maintained free of viruses or other malicious code. Ulupono makes no warranties that the information, products, and services presented on our websites is current, up-to-date, or accurate. Under no circumstances and regardless of legal theory, whether in tort, contract, or otherwise, will Ulupono, its employees, officers, directors, affiliates, or agents be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages relating to your use of our websites, any product, or service linked to, from, or advertised or promoted on our websites. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of our websites.
Indemnification / Termination of Use for Breach of Terms and Conditions
You agree to indemnify and hold harmless Ulupono or its affiliates from and against any and all losses, expenses, damages, and costs including without limitation reasonable attorney’s fees, resulting or arising out of or from your violation of the terms and conditions governing our websites. Ulupono reserves the right to suspend or terminate your access to, or use of, our websites or services at any time for any reason.
World-Wide Applicability and Laws
Our websites are presented by Ulupono from within the United States, and we make no representation that materials in our websites are appropriate or available for use in locations outside of the United States. Additionally, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use our websites.
Jurisdiction and Choice of Law
You agree that any legal action brought against Ulupono or its affiliates shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our websites shall be an appropriate federal or state court located in Los Angeles County California.
If you have any questions or feedback regarding our terms and conditions, please contact us:
Ulupono Surf Company
Attn. Terms & Conditions
3553 Atlantic Ave. #1644
Long Beach, CA 90807
These terms and conditions were last modified on July 27, 2018.