Terms of Use

last updated August 8, 2023

JH3 Surf Academy (the “Company”) has written the following Terms of Use (“Terms”) so you’ll know the rules that govern our relationship with you as a user of our Site and Service.

For purposes of this Agreement, “Site” refers to our Company’s website, which can be accessed at https://jh3surf.com. “Service” refers to our Company’s services accessed via the Site, in which users can purchase services and/or products. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

By using our Site, you signify your agreement to the Terms and warrant that you possess the legal right and ability to use our Site in accordance with these Terms. If you do not agree to all of these Terms, you must immediately cease use of our Site. Our Company reserves the right, at its discretion, to update or revise the Terms without notice to you. Your continued use of our Site following an update to these Terms constitutes your acceptance of those updates.

Scope of Use

Our Company authorizes you to make electronic or paper copies of the information posted on any page on our Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on our Site. Any other reproduction or copying of any materials or design elements of our Site without the prior written consent of our Company is strictly prohibited. Systematic retrieval of data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of our Company is prohibited.

You acknowledge and agree that all content included in our Site is owned, controlled, or licensed to our Company and is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Except as expressly authorized by our Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Site in whole or in part. Any rights not expressly granted herein are reserved. Requests for permission to reproduce any content contained on our Site should be addressed to our Company by sending an email to joe@jh3surf.com

You may not attempt to gain unauthorized access to any portion or feature of our Site, or any other systems or networks connected to our Site, or to any of the Service offered on or through our Site, by hacking, password “mining,” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of our Site or any network connected to our Site, nor breach the security or authentication measures on our Site or any network connected to the Websites. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to our Site, or any other customer of our Company, including any Company account not owned by you, to its source, or exploit the Site or any Service made available or offered by or through the Site, in any way where the purpose is to reveal any information other than your own information, as provided for by the Site.

Termination Of Access

Our Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice to you. You agree our Company shall not be liable to you or any third party for any termination of your access to our Site. Upon termination, the provisions of these Terms that, by their nature are intended to survive termination or expiration shall continue to have effect.

Privacy Policy

Our Company respects the privacy of its Service users. Please refer to our Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms.

Purchases

By placing an order for products or services on our Site, you represent that the products or services ordered will be used only in a lawful manner. Our Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through our Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

If you wish to purchase products or services made available through our Site, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information. BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (I) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (II) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying such information, you authorize the use of such information in accordance with our Privacy Policy, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing.

Accuracy Of Information

Although we attempt to maintain the integrity and accuracy of the information on our Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform our Company by sending an email to joe@jh3surf.com.

Our Site may contain information, news, and/or press releases about our Company. We disclaim any duty or obligation to update any such information, news, and/or press releases, and your reliance on information contained in these materials is at your own risk.

Links From Third Party Sites

Our Site may contain links to websites owned or operated by third parties (“Linked Sites”). The Linked Sites are not under the control of our Company, and our Company is not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of any Linked Site or the content displayed on or through any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Our Company is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by our Company in favor of any company or any content, goods, or services promoted or offered on the Linked Site. Our Company accepts no responsibility for any loss or damage that may arise from your use of or reliance on any such companies, content, goods, or services. Our Company has no control over, and is not responsible for, your interactions with any third parties. Any transactions agreed upon between you and such third parties are agreements between you and the applicable third party, and our Company is not party to any such transactions or agreements. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

You may link to our Site provided you do so in a way that is fair and legal. Our Company reserves the right to withdraw, without notice, your permission to link to our Site.

No Unlawful or Prohibited Use

As a condition of your use of our Site, you warrant that you will not use our Site for any purpose that is unlawful or prohibited by these Terms. Specifically, you warrant that you will not: (i) use our Site in any manner that could damage, disable, overburden, or impair our Site or any user of our Site, or interfere with any other party’s use of our Site, or interfere with or damage any third party sites or systems; (ii) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of our Site or to intercept or expropriate any system, data or personal information from our Site; (iii) submit, upload, post or transmit any information, communications, or content of any type that (a) infringes or violates any rights of any party, (b) is false, inaccurate, misleading or fraudulent, or (c) violates any applicable law, statute, rule or regulation; (iv) remove any trademark or copyright notices contained in our Site or their contents; (v) use manual or automated means to trawl, mine, scrape, frame, or mirror our Site or content; (vi) disassemble, decompile or reverse engineer our Site or content; or (vii) attempt to hack, defeat, or overcome any encryption technology or security measures regarding our Site or our Company or any third party’s systems, or gain any unauthorized access to such systems.

Special Provisions Applicable To Users Outside the United States of America

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department list of Specially Designated Nationals, you may not engage in commercial activities on our Site.

Claims Of Copyright Infringement

Claims that content on our Site is infringing the copyright of a third party should be sent to our Company by sending an email to joe@jh3surf.com. Our Company will endeavor to remove in a timely manner any content which infringes the copyright of any person under applicable laws upon receipt of written notice in a manner consistent with the requirements of applicable law.

Equitable Relief

You acknowledge that any violation of these Terms will result in irreparable harm for which damages would not be an adequate remedy. Therefore, in addition to other rights and remedies otherwise available at law, our Company shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If our company seeks any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies. These remedies are in addition to any other remedies our Company may have at law or in equity.

Disclaimer Of Warranties

OUR SITE AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, RECREATION FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED OR REFERENCED IN THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT ALL ACCESS TO AND USE OF OUR SITE, ANY LINKED SITE AND THE CONTENTS THEREOF ARE AT YOUR OWN RISK.

Limitation Of Liability

NEITHER OUR COMPANY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SITE, SERVICE OR CONTENT, OR ANY LINKED SITE, SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE OUR SITE, SERVICE, OR ANY LINKED SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. OUR COMPANY RESERVES THE RIGHT TO ALTER THE CONTENT OF OUR SITE IN ANY WAY (INCLUDING REMOVING LINKS TO ANY LINKED SITES), AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. IN ADDITION, OUR COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH A LINKED SITE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ANY EXCLUSION OR RESTRICTION ON LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR COMPANY’S NEGLIGENCE OR FRAUD WILL NOT APPLY IF IT IS PROHIBITED IN YOUR JURISDICTION.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

OUR COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OUR COMPANY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT

IN THE EVENT THAT ANY OF THE LIMITATIONS SET OUT IN THESE TERMS OF USE ARE INVALID OR NOT ENFORCEABLE, OUR COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless our Company and its directors, officers, agents, and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys’ fees, arising out of Feedback you submit, post or transmit through our Site, your use of our Site or Service, your violation of the Terms or your violation of any rights of another person or entity.

Choice Of Law And Forum

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law rules. You and our Company expressly agree to submit to the exclusive jurisdiction and venue of the courts in Stone County, Missouri, in all disputes arising out of or relating to the use of our Site and waive any objection to such jurisdiction or venue.

Severability And Integration

Unless otherwise specified herein, these Terms constitute the entire agreement between you and our Company and govern your use of our Site and Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and our Company. If any portion of these Terms are held invalid or unenforceable, that portion shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

No Waiver

The failure of our Company to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and our Company as a result of these Terms or your use of our Site and Service. Nothing contained in these Terms is in derogation of our Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Site or information provided to or gathered by our Company with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THESE TERMS TOGETHER WITH OUR PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN OUR COMPANY AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN OUR COMPANY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.