Terms Of Use
Effective as of July 4, 2021
AGREEMENT BETWEEN USER AND PHOOEY BRANDS, LLC FOR THE USE OF WWW.SHARKTOOTHSURF.COM
Welcome to www.sharktoothsurf.com. The www.sharktoothsurf.com website (the “Website”) is comprised of various web pages operated by Phooey Brands, LLC, d.b.a. Shark Tooth Surf Company (collectively the “Company”). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Website indicates and constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Website is an E-commerce website. The purpose of this site is to provide the latest news and products from Shark Tooth Surf Company including clothing and gear for water sports enthusiasts.
ELECTRONIC COMMUNICATIONS
Visiting the Website or sending e-mails to the Company constitutes electronic communications. By visiting the Website you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Website, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use the 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for any third party access to your account that results from theft or misappropriation of your account. The Company and reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. The Company reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. If you are under 18, you may use the Website only with permission of a parent or guardian. For more information about our child privacy policy please see the Privacy Policy.
RETURN POLICY
We do not offer exchanges at this time. If you are not satisfied with your purchase you may return items within 30 days of original purchase. Shipping charges may apply. To qualify for a refund on your purchase, items must be returned in original, unused condition in original packaging, and a copy of the original receipt must be included. Items received after 30 days past the purchase date will not qualify for a refund. Stickers and decals are not eligible for returns or refunds.
CRYPTOCURRENCY REFUNDS
If your return qualifies for a refund and your item was purchased using cryptocurrency, Shark Tooth Surf Co. will refund you using the same cryptocurrency used for the payment, and the refund will equal the United States Dollar value of the at the time of the refund. Please note that cryptocurrencies, crypto wallets, and / or crypto exchanges may charge processing fees, gas fees, token taxes, or other fees. Shark Tooth Surf Co. is not responsible for covering fees related to the refund transaction. You must provide an accurate and valid wallet address to receive the cryptocurrency refund. Shark Tooth Surf Co. is not responsible for lost transactions due to incorrect wallet information.
MISSING PACKAGES
The Company is not responsible for lost or stolen packages if confirmed delivery. You accept full responsibly for any loss or damage to these items.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators.
Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.sharktoothsurf.com domain, you hereby acknowledge and consent that the Company may share information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.sharktoothsurf.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
By visiting the Website you are hereby granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. The Company’s content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
THIRD PARTY ACCOUNTS
You will have the option to connect your Phooey Brands Website account to third party social media or online payment accounts. By connecting your Phooey Brands Website account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
VISITORS AND CUSTOMERS OUTSIDE THE UNITED STATES
The Website is controlled, operated and administered by the Company from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
PRICE DOES NOT INCLUDE DUTY AND TAX FEES FOR INTERNATIONAL ORDERS. Duty, VAAT and customs tariffs are set by the destination country. The amount, if any of applicable duty, VAT, tariffs and taxes will vary by country. Any additional duties and taxes assessed by customs are the responsibility of the customer.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PHOOEY BRANDS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
PHOOEY BRANDS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PHOOEY BRANDS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOOEY BRANDS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHOOEY BRANDS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
TERMINATION/ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
If you have any questions, comments or concerns about these Terms, please contact us as follows:
Address: Phooey Brands, LLC, Attn: Privacy Officer, 2095 Highway 211 NW, Suite 2F #160, Braselton, GA 30517
Email: info@phooeybrands.com
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