Terms and Conditions

Welcome to thursosurf.com (the “Site”). The Thurso Surf LLC dba Thurso Surf provides its services to you subject to the following terms and conditions. (“Terms and Conditions” or “Agreement”) Please read the following terms and conditions carefully before using our Site. If you do not agree to these terms and conditions, please do not use our Site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms of Use.

Disclaimer of Warranties and Limitation of Liability

This site is provided by Thurso Surf on an “as is” and “as available” basis. Thurso Surf makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Thurso Surf disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Thurso Surf does not warrant that this site, its servers, or e-mail sent from Thurso Surf are free of viruses or other harmful components. Thurso Surf will not be liable for any damages of any kind a rising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Intellectual Property

All intellectual property on the Site (except for user generated content) is owned by Thurso Surf, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Thurso Surf name and the logo) are owned, registered and/or licensed by Thurso Surf. All content on the Site (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Thurso Surf; All rights reserved.

Product Description

Thurso Surf attempts to be as accurate as possible. However, Thurso Surf does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Thurso Surf itself is not as described, your sole remedy is to return it in a new, unused condition.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, phone number and/or credit card information.

Risk of Loss

All items purchased from Thurso Surf are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Termination

Thurso Surf reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. Thurso Surf also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Miscellaneous, and terms that by their nature may survive termination shall survive any termination.

Children Under the Age of 18

Thurso Surf does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at thursosurf.com only with involvement of a parent or guardian. Thurso Surf and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

Electronic Communications

When you visit thursosurf.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third Party Links

Thurso Surf may link to third-party sites or services that are not owned or controlled by Thurso Surf. Thurso Surf has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Thurso Surf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Indemnification

You agree to indemnify, defend, and hold harmless Thurso Surf, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.