Terms of service

Terms of Service

OVERVIEW

This website, accessible at www.shorebreakkava.com, is operated by ShoreBreak. The terms "we," "us," and "our" throughout the site refer to ShoreBreakKava llc, DBA ShoreBreak. ShoreBreak provides this website, including all information, tools, and services available on this site, under the condition that you accept all terms, conditions, policies, and notices outlined here.

Please carefully read these Terms of Service before accessing or using our website. If you access any part of the site, it implies your agreement to be bound by these Terms of Service. If you do not agree with all the terms and conditions of this agreement, refrain from accessing the website or using any services. Acceptance of these Terms of Service is expressly limited to their provisions if considered an offer.

By visiting our site or making a purchase, you engage in our "Service" and agree to comply with the following terms and conditions ("Terms of Service," "Terms"), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms of Service are applicable to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., providing us with the online e-commerce platform enabling the sale of our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence. Alternatively, if you are the age of majority, you affirm that you have provided consent for any of your minor dependents to use this site. The usage of our products for illegal or unauthorized purposes is strictly prohibited. You agree not to violate any laws applicable in your jurisdiction, including copyright laws, while using the Service. The transmission of worms, viruses, or any code with destructive intent is strictly prohibited. Any breach or violation of these terms will result in the immediate termination of your access to our services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to decline service to any individual for any reason and at any time. You acknowledge that your content (excluding credit card information) may be transferred without encryption, involving transmissions across various networks and alterations to conform to technical requirements. Credit card information is always encrypted during transfer over networks. It is agreed that you will not reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without our express written permission. The headings used in this agreement are provided for convenience only and will not restrict or otherwise impact these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not be held responsible if the information available on this site is not accurate, complete, or current. The content on this site is offered for general information purposes only and should not be the sole basis for decision-making without consulting primary, more accurate, complete, or timely information sources. Relying on the material on this site is done at your own risk. This site may include historical information that, by its nature, is not current and is provided for reference purposes only. We retain the right to alter the contents of this site at any time, though we are not obligated to update any information on the site. You agree that it is your responsibility to keep track of changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may change without prior notice. We retain the right to modify or discontinue the Service at any time without notice. We shall not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online through the website. These items may have limited quantities and are eligible for return or exchange only in accordance with our Return Policy. We have taken utmost care to represent the colors and images of our products as accurately as possible on the store. However, we cannot guarantee that your computer monitor will display any color accurately. We retain the right, though not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. Descriptions of products or product pricing are subject to change without notice, at our sole discretion. We may discontinue any product at any time. Any offers for products or services on this site are void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We retain the right to refuse any order placed with us. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. Such limitations may apply to orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If a change or cancellation is made to an order, we will make an effort to notify you via the email and/or billing address/phone number provided at the time of order placement. We also reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You are responsible for providing current, complete, and accurate purchase and account information for all transactions made at our store. It is your obligation to promptly update your account and other information, including your email address and credit card details, to ensure the successful completion of your transactions and facilitate necessary communication. For additional information, please refer to our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may grant you access to third-party tools, the monitoring and control of which we disclaim. You acknowledge and agree that your use of such tools is at your own risk and they are provided "as is" and "as available," without any warranties, representations, or conditions of any kind. We do not endorse these tools and shall not be liable for any issues arising from or related to their use.

Your use of any optional third-party tools provided on the site is entirely at your own discretion and risk. It is your responsibility to familiarize yourself with and approve the terms set by the relevant third-party provider(s). Additionally, we may introduce new services and/or features on the website, including new tools and resources, which will also be governed by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include content, products, and services from third parties. Links to third-party websites on this site may redirect you to websites not affiliated with us. We do not examine or evaluate the content or accuracy of these third-party materials, and we do not warrant or assume liability for them.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, carefully review the third-party's policies and practices, ensuring a clear understanding. For concerns or inquiries about third-party products, contact the third party directly.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send specific submissions (e.g., contest entries) at our request or provide creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may freely edit, copy, publish, distribute, translate, and use in any medium any comments you forward to us, without any restrictions, at any time.

We are not obligated to (1) keep any comments confidential; (2) provide compensation for any comments; or (3) respond to any comments. While we may, at our discretion, monitor, edit, or remove content that we find unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service, we have no obligation to do so.

You confirm that your comments will not infringe on any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. Your comments will not contain unlawful, abusive, or obscene material, nor any computer virus or malware that could affect the operation of the Service or any related website. You agree not to use a false email address, pretend to be someone else, or mislead us or third parties about the origin of any comments. You are solely responsible for the accuracy of your comments. We do not take responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The submission of your personal information through the store is regulated by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

On occasion, there might be information on our site or in the Service that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any details in the Service or on any associated website are inaccurate at any time without prior notice (even after you have submitted your order).

We are not obligated to update, amend, or clarify information in the Service or on any related website, such as pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any related website should not be construed as an indication that all information in the Service or on any related website has been altered or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are expressly forbidden from using the site or its content:

(a) For any unlawful purpose;

(b) To solicit others to perform or participate in any unlawful acts;

(c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) To submit false or misleading information;

(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) To collect or track the personal information of others;

(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) For any obscene or immoral purpose;

(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We retain the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Additionally, we do not warrant that the results obtained from the use of the service will be accurate or reliable.

You acknowledge and agree that we may, from time to time, remove the service for an indefinite period or cancel the service at any time without notice to you. By using the service, you expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided 'as is' and 'as available,' except as expressly stated by us. We make no representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

This website may contain links to other websites or resources, including advertisers, over which ShoreBreak has no control. These links are provided for user convenience and should not be considered an endorsement by ShoreBreak of the content, items, or services on those third-party websites. Users access, view, and use such website links, including the content, items, or services on those websites, at their own risk. ShoreBreak does not make representations or warranties regarding the content, ownership, or legality of any linked websites. Users acknowledge that ShoreBreak bears no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. Upon leaving our website via a link to another website, users will be subject to the Privacy Policy and the Terms of Use of such other website.

In no case shall ShoreBreak, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service. This limitation of liability applies to any claim related to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content for:

(a) Any unlawful purpose;

(b) Soliciting others to perform or participate in any unlawful acts;

(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others;

(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) Submitting false or misleading information;

(g) Uploading or transmitting viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet;

(h) Collecting or tracking the personal information of others;

(i) Engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping;

(j) Using the Service for any obscene or immoral purpose;

(k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ShoreBreak, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service. This limitation of liability applies to any claim related to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ShoreBreak and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees. This claim or demand may be made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity and enforceability of any remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without notice. In such a case, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services or any part thereof.

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the service, constitute the entire agreement and understanding between you and us. They govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

SECTION 21 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to regularly check our website for any modifications. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service indicates your acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Inquiries@ShoreBreakKava.com.