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Conditions of Use

Conditions of Use Conditions of Use
PhaseOneSurf.com Terms of Use
PhaseOneSurf.com strives to produce a safe and nonoffensive site to all its customers and in order to ensure that continues we created a "Terms Of Use". It designates what you can expect from our site in terms of content and what we expect from you. Anytime you accesss any areas of PhaseOneSurf.com you agree to be legally bound to our "Terms Of Use" laid out below.

TRADEMARKS
PhaseOneSurf.com, Phase One Surf, PhaseOneSurf, and PhaseOneSurf Forums are all trademark of Phase One Surf Inc. All rights reserved. All images of PhaseOneSurf.com are trademarked and can not be used with out prior written consent. Also any other product information,company information, or trademarks used on this site are property of their respective owners.

DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of PhaseOneSurf.com is at User's sole risk. Neither PhaseOneSurf.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that PhaseOneSurf.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of PhaseOneSurf.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through PhaseOneSurf.com.

THIS SITE IS PROVIDED BY PHASEONESURF.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHASEONESURF.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHASEONESURF.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHASEONESURF.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PHASEONESURF.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall PhaseOneSurf.com or any other party involved in creating, producing, or distributing PhaseOneSurf.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use PhaseOneSurf.com, including but not limited to reliance by a User on any information obtained from PhaseOneSurf.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to PhaseOneSurf.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through PhaseOneSurf.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

ONLINE CONDUCT
User agrees to use PhaseOneSurf.com only for lawful purposes. User is prohibited from posting on or transmitting through PhaseOneSurf.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If PhaseOneSurf.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), PhaseOneSurf.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from PhaseOneSurf.com. PhaseOneSurf.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate PhaseOneSurf.com; or (iii) to protect the rights or property of PhaseOneSurf.com, its Users or Providers.

PhaseOneSurf.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, PhaseOneSurf.com, the communities that make up PhaseOneSurf.com, or any rights of PhaseOneSurf.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither PhaseOneSurf.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither PhaseOneSurf.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on PhaseOneSurf.com.

TERMINATION OF USAGE
PhaseOneSurf.com may terminate User's access, or suspend any User's access to all or part of PhaseOneSurf.com, without notice, for any conduct that PhaseOneSurf.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or PhaseOneSurf.com.

USAGE BY CHILDREN UNDER 13
PhaseOneSurf.com cannot prohibit minors from visiting this site. PhaseOneSurf.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase (whether in our Kids! department or our other departments).

PhaseOneSurf.com requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a PhaseOneSurf.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT PHASEONESURF.COM, YOU ARE REPRESENTING TO PHASEONESURF.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A PHASEONESURF.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

APPLICABLE LAW
This site is created and controlled by PhaseOneSurf.com in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. PhaseOneSurf.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through PhaseOneSurf.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and PhaseOneSurf.com regarding your relationship with PhaseOneSurf.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the PhaseOneSurf.com web site. The aforementioned Terms of Use are subject to change. 

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