Terms

“SurferBay.com” is the interactive on-line service operated by Listopica, Inc. on the World Wide Web of the Internet, consisting of information services and content provided by SurferBay, affiliates of Listopica, Inc. and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of SurferBay.com.

This Agreement, which incorporates by reference other provisions applicable to use of SurferBay, including, but not limited to, supplemental terms and conditions set forth in diffrent sections governing the use of certain specific material contained in SurferBay, sets forth the terms and conditions that apply to use of SurferBay by Subscriber. By using SurferBay (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use SurferBay is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.

Listopica, Inc. shall have the right at any time to change or discontinue any aspect or feature of SurferBay.com, including, but not limited to, content, site availability, for access or use.

Listopica, Inc. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of SurferBay.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SurferBay.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of SurferBay.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes or modifications.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SurferBay.com and all charges related thereto.

Subscriber shall use SurferBay for lawful purposes only. Subscriber shall not post or transmit through SurferBay any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SurferBay express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in SurferBay discretion restricts or inhibits any other Subscriber from using SurferBay will not be permitted.

Listopica may assign or delegate its rights and/or obligations, in part or in whole, under this agreement to any of its subsidiaries that are wholly owned directly or indirectly by Listopica.

Member Web Site and Password: You must have a password to access certain SurferBay Membership benefits and services. You shall keep Your password secure and confidential and use it only for your authorized access to the Membership Programs website. You are solely responsible for all activities that occur with your password. You shall notify SurferBay immediately of any actual or suspected unauthorized use of your password. SurferBay is not responsible for any consequences that result from any unauthorized use of your password. Direct any questions or problems with your password or the website to: SurferBay………

The collection, arrangement and assembly (compilation) of all content (including the underlying HTML code) on this Site (the “Site Content”) is the exclusive property of Listopica, Inc. and protected by U.S. federal, state and international copyright laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Site Content is strictly prohibited. By submitting any information or other material to us, you automatically grant Listopica, Inc. a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium known or later developed.

Because user authentication on the Internet is difficult, we cannot and do not confirm each user’s assumed identity. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Listopica, Inc. (and its agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

We are under no legal obligation to control the information provided by other users. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases unintentionally or even intentionally mislabeled. We make no representations about the accuracy, reliability, completeness, or timeliness of any material in the Site Content. The use of our Site and the Site Content is at your own risk.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any listing or material contained therein placed by you on the Site.

Listopica, Inc. shall have the right, but not the obligation, to monitor the content of SurferBay, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Listopica, Inc and to satisfy any law, regulation or authorized government request. Listopica, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SurferBay. Without limiting the foregoing, SurferBay shall have the right to remove any material that SurferBay, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

LISTOPICA, INC. DOES NOT WARRANT THAT ANY SITE PAGES WILL OPERATE ERROR-FREE OR THAT ANY SITE PAGE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SITE PAGE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LISTOPICA, INC. IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE PAGES AND SITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LISTOPICA, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LISTOPICA, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL LISTOPICA, INC., ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE PAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SITE PAGE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LISTOPICA, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Subscriber agrees not to submit any business descriptions, photographs, financial information, contact or other information to SurferBay unless the Subscriber has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business or content on SurferBay. The Customer (a) represents and warrants that all Listings with information provided by the subscriber will be accurate; (b) agrees that the subscriber will not permit the listing of a business on the SurferBay website under a name other than the named licensed subscriber that have been engaged or associated with the business.(c) agrees to administer the businesses provided by the customer and maintain their accuracy at all times. Listopica, Inc. reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the businesses listed on the acquireo website. Listopica, Inc. may, in its sole discretion but without any obligation to search for such, remove businesses that are alleged to have been submitted in violation of this provision. Listopica, Inc. will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement.

Our Site contains links to third party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the accuracy thereof. If you decide to access linked third party web sites, you do so at your own risk.

Listopica, Inc. is in no way obligated to refund any money for any service purchases after the actual service has been activated or implemented. All sales are final, and all fees are non-refundable and non-transferable.

We reserves the right, at our sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your listings from acquireo Site and immediate termination of your registration with or ability to access this Site and/or any other service provided to you by us upon any breach by you of this Agreement or if we are unable to verify or authenticate any information you submit to the Site. You agree to defend, indemnify, and hold harmless Listopica, Inc., subsidiaries, affiliates, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by a third party alleging or resulting from your use of the materials or your breach of the terms of Agreement.

Any controversy or claim arising out of or relating to this Agreement or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles County in the State of California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We make no claims that this Site and Site Content may be lawfully viewed or accessed outside of the United States. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The laws of the State of California govern this Agreement, without giving effect to any principles of conflicts of laws. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Site, this Agreement constitute the entire agreement between you and Listopica, Inc. with respect to the use of the Site.

copyright © 2007 surfboards for sale