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Terms and Conditions

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TERMS AND CONDITIONS OF SITE

Welcome to TheKiteboarder.coma subsidiary of Boardsports Media LLC. Boardsports Media LLC and its affiliates provide their services to you subject to the following conditions. If you visit or shop at TheKiteboarder.com, you accept these conditions. Please read them carefully.

At any time we may terminate your access to the site in whole or in part, or cancel or refuse to honor any subscription request, without notice, for any reason, including but not limited to any fraudulent or abusive conduct that we believe may violate any applicable law, or is harmful to the interests of another. In addition, when you use any current or future Boardsports Media LLC service or visit or purchase from any business affiliated with Boardsports Media LLC, whether or not included in this site, you also will be subject to the guidelines and conditions applicable to such service or business.

ELECTRONIC COMMUNICATIONS
When you visit TheKiteboarder.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.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Boardsports Media LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Boardsports Media LLC and protected by U.S. and international copyright laws.

LICENSE AND SITE ACCESS
Boardsports Media LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Boardsports Media LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Boardsports Media LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Boardsports Media LLC and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing a name or trademark belonging to Boardsports Media LLC without the express written consent of Boardsports Media LLC. Any unauthorized use terminates the permission or license granted by Boardsports Media LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Boardsports Media LLC as long as the link does not portray Boardsports Media LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Boardsports Media LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

COMMUNICATIONS, GIFT CARDS, TESTIMONIALS, AND OTHER CONTENT
Visitors may submit comments and other content including gift card messages; and send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a gift card or other content. Boardsports Media LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review submitted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Boardsports Media LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Boardsports Media LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Boardsports Media LLC or its affiliates for all claims resulting from content you supply. Boardsports Media LLC has the right but not the obligation to monitor and edit or remove any activity or content. Boardsports Media LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Boardsports Media LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. Boardsports Media LLC 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. YOU UNDERSTAND THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY ANY PARTY SHALL CREATE ANY WARRANTY AND YOU AGREE NOT TO RELY ON SUCH INFORMATION OR ADVICE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Boardsports Media LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Boardsports Media LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Boardsports Media LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Boardsports Media LLC 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.

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.

APPLICABLE LAW
By visiting Boardsports Media LLC, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Boardsports Media LLC or its affiliates.

DISPUTES
Any dispute relating in any way to your visit to Boardsports Media LLC or to products you purchase through TheKiteboarder.com, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Boardsports Media LLC, Boardsports Media LLC may seek injunctive or other appropriate relief in any state or federal court in the state of California, 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. 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.

TERMS & CONDITIONS OF SALE

YOUR ORDER
If you use this site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. Boardsports Media LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

You understand and agree that by submitting a credit card or debit card to consummate your order at store.thekiteboarder.com, you are providing ‘written authorization’ to charge the card you have presented subject to credit card regulations and all applicable state, federal and international laws governing the use of such cards. By placing an order you certify that you are either the card holder, or have the card holder’s authorization to place such an order. If any information you provide is untrue, inaccurate or not current, or if Boardsports Media LLC has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Boardsports Media LLC, at its sole discretion, has the right to cancel any order and refuse all current or future access to the Content and use of store.thekiteboarder.com or suspend or terminate any portion thereof.

You also agree and understand that Boardsports Media LLC reserves the right to use whatever legal remedies are available to recover any losses resulting from fraudulent activity. Further, you agree that Boardsports Media LLC will not be liable to you or any third party if Boardsports Media LLC suspends or terminates your access to the Content or Products for any reason. All orders are fully cancelable as long as the cancel request is received within 48 hours of the time the order is placed. After that, in most cases cancellations will not be accepted.

PRICING
Except where noted otherwise, the Price displayed for subscriptions and other products on our website represents the authorized price suggested by the publisher, or offered in accordance with standard industry practice.

With respect to items sold by Boardsports Media LLC, and despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

  • If a subscription’s correct price is lower than our stated price, we will charge the lower amount and process the subscription.
  • If a subscription’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before processing or cancel your order and notify you of such cancellation.

REFUNDS AND RETURNS
All orders are fully cancelable as long as the cancel request is received within 48 hours of the time the order is placed. After that, in most cases cancellations will not be accepted. There’s a good reason for this policy.

We do recognize that special situations may arise. In such events, please contact us at 805.459.2373 weekdays between 9 am and 5 pm PST time. All such cases will be handled on an individual, case-by-case basis.

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