Use of this Site Is Governed by these Terms and Conditions
This website is owned and operated by Smyrna Surfari Club. We provide our products and services to you subject to the following Terms and Conditions. If you visit or shop at the Smyrna Surfari Club website (www.smyrnasurfariclub.org), you agree to and accept these Terms and Conditions. Please take some time to read them carefully. By using this website, you constitute your agreement to follow these rules and agree to be bound by them. If you are in disagreement with any of these Terms and Conditions, do not use this website.
Changes to these Terms and Conditions
Smyrna Surfari Club reserves the right to change or update these Terms and Conditions at any time without giving any prior notice of the modifications. Should you continue to use this website, this constitutes acceptance of the Terms and Conditions stated at the time of your use. We recommend that you view this page before using the website in order to read the current Terms and Conditions to which you are bound.
When you visit the Smyrna Surfari Club website 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 website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
All content included on this website, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software is the property of Smyrna Surfari Club or its suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Smyrna Surfari Club and protected by U.S. and international copyright laws. All software used by this website is the property of Smyrna Surfari Club or its software suppliers and protected by United States and international copyright laws.
Smyrna Surfari Club, surfsmyrna.com, smyrnasurfariclub.org and other marks indicated on our website are trademarks of Smyrna Surfari Club or its affiliates and suppliers. Other Smyrna Surfari Club graphics, logos, page headers, icons, scripts, and service names used on the website are also trademarks or trade dress of Smyrna Surfari Club. Smyrna Surfari Club’s trademarks and trade dress may not be used in connection with any product or service that is not the Smyrna Surfari Club’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smyrna Surfari Club. All other trademarks not owned by Smyrna Surfari Club that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smyrna Surfari Club.
License and Site Access
Smyrna Surfari Club grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Smyrna Surfari Club. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smyrna Surfari Club. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smyrna Surfari Club without express written consent. You may not use any meta tags or any other “hidden text” utilizing Smyrna Surfari Club’s name or trademarks without the express written consent of Smyrna Surfari Club. Any unauthorized use terminates the permission or license granted by Smyrna Surfari Club. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Smyrna Surfari Club website so long as the link does not portray Smyrna Surfari Club, its affiliates or suppliers, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may use the Smyrna Surfari Club logo or other proprietary graphic or trademark as part of the link as long as no affiliation, connection, or sponsership by or with Smyrna Surfari Club is falsely stated or implied.
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Smyrna Surfari Club may sell products for children, but it will only sell them to adults. If you are under 18, you may use the Smyrna Surfari Club website only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit account content, or cancel orders at our sole discretion.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Smyrna Surfari Club regarding your true identity.
Errors and Inaccuracies; Limitations on Quantity
Smyrna Surfari Club attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. There may be an occurrence in which information on this website could contain errors or inaccuracies or may not be completely current. If a product offered by Smyrna Surfari Club is not as described, your sole remedy is to uninstall it or return it in unused condition. We reserve the right to correct and update any inaccuracies, errors, or omissions at any time without prior notice. We also reserve the right to limit quantities at any time. (This includes the time period after you have submitted your order). We sincerely apologize for any inconvenience or difficulties this may cause you.
Smyrna Surfari Club reserves the right to modify or change prices at any time without prior notice. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing after you have ordered, we will do one of the following:
- If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The List Price displayed for products on our website represents the full retail price listed on the product itself as suggested by the manufacturer or supplier (MSRP), or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
Some of the items purchased from Smyrna Surfari Club are shipped pursuant to a shipment contract. This means that the risk of loss and title for all items shipped by us pass to you upon our delivery to the carrier. Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, we issue a full refund. We are unable to re-ship orders that are returned to us as undeliverable. If you would still like to purchase items that were undeliverable, you are welcome to place a new order on our website. If you suspect your order cannot be delivered as addressed and you have not received confirmation of its return or refund after two (2) weeks from the estimated delivery date, please contact us by email at firstname.lastname@example.org.
Return and Refund Policy
You may return any new, unopened items purchased from Smyrna Surfari Club within 15 days from the delivery date for a full refund unless otherwise noted at the time of purchase. We will also pay the return shipping costs if the return is a result of our error (we shipped an incorrect or defective item). Unfortunately, we cannot provide refunds for items that have been used or returned more than 15 days after the date of delivery.
Downloaded products can’t be returned, and many contain copyrighted material which once disclosed cannot be reclaimed. Smyrna Surfari Club will only refund purchases of downloaded products if the product cannot be used by you. In order to obtain a full refund for downloaded products, you must contact us within 15 days of purchase explaining the problem and making all reasonable efforts to allow Smyrna Surfari Club to resolve the issue. This may include granting Smyrna Surfari Club temporary access to your website administration areas and through FTP. Smyrna Surfari Club agrees not to disclose any information discovered during this process to any third party unless obligated to do so by law or legal process. You must also destroy all copies of the downloaded material, thereby terminating its license, in order to receive a refund. Smyrna Surfari Club reserves the right to determine at our sole discretion whether these conditions have been met.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY Smyrna Surfari Club ON AN “AS IS” AND “AS AVAILABLE” BASIS. Smyrna Surfari Club MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Smyrna Surfari Club WEBSITE OR ANY PRODUCTS OR SERVICES WE MAY OFFER IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Smyrna Surfari Club DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Smyrna Surfari Club DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM Smyrna Surfari Club ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Smyrna Surfari Club AND ITS PRINCIPLES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE, EVEN IF WE WERE GIVEN PRIOR NOTICE OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. LAWS IN SOME JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS.
We make no representations whatsoever about any other website that you may access through Smyrna Surfari Club or which may link to this website. When you access a website that is not ours, please understand that it is independent from us and that we have no control over the content on that website or the internet in general. A link to or from another website does not mean we endorse or accept any responsibility for the content or the use of that website.
You agree to indemnify, defend, and hold harmless Smyrna Surfari Club, its officers, directors, principles, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing this website.
Failure to Enforce and Assignment
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither courses of conduct between parties nor trade practice shall act to modify any provision of this agreement. We may assign our rights and duties under this agreement to any party at any time without notice to you.
If any of the provisions of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Headings used in these Terms and Conditions are for convenience of reference only and shall not form part of these Terms and Conditions. Such headings shall be ignored in the interpretation or construction of any of the provisions of these Terms and Conditions.
By visiting and using this Website, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Smyrna Surfari Club.
Any dispute relating in any way to your visit to the Smyrna Surfari Club website, or to products you purchase through us, shall be submitted to confidential arbitration in Volusia County, Florida, except that, to the extent you have in any manner violated or threatened to violate Smyrna Surfari Club’ intellectual property rights, we may seek injunctive or other appropriate relief in any jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. All proceedings shall be conducted in English. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
Smyrna Surfari Club may terminate your use of this website if you have used this website, or any offered products or services, in any way that is contrary to law, these Terms and Conditions, or is disruptive or harmful to Smyrna Surfari Club or this website.
Reservation of Rights
Any rights not expressly granted herein are reserved by Smyrna Surfari Club.
P.O. Box 2362
New Smyrna Beach, FL 32170