Terms and Conditions
Last updated 6/6/17
Welcome to www.beachbreaks.wpengine.com (the “Website”), a website managed and maintained by 805BB, a California “not for profit” corporation doing business. 805BB operates the Website as a service to provide online access to information about our Collective and the products and services we provide to our members. If you visit the Website you accept the terms and conditions set forth herein. Use of the Website is strictly limited to persons 21 years of age or older.
BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS SITE.
805BB reserves the right, in its sole discretion, to modify, suspend, or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice. You agree that 805BB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any service, content, feature or product offered through the Website.
1. Use of the Site
805BB respects your privacy. 805 BB will not sell or share your information with any outside parties.
The Website and the Content are protected by U.S. and/or foreign copyright laws, and belong to 805BB or its partners, parents, affiliates, contributors or third parties. Copyrights associated with specific Content are owned by 805BB and/or other copyright owners who have authorized their use on the Website. You may download or reprint Content for non-commercial, non-public, personal use only.
You are prohibited from using the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.
5. Links to Third Party Websites
6. Links from Third Party Websites
805BB prohibits unauthorized links to the Website and the framing of any information contained on the Website, any portion of the Website, or any of the Website’s Content. 805BB reserves the right to disable any unauthorized links or frames. 805BB has no responsibility or liability for any material on other websites that may contain links to the Website.
7. User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You additionally agree not to use the Website in any way that might interfere with the rights of other users or third parties.
8. User Supplied Information.
9. Disclaimer and Limitation of Warranties
Under no circumstances will 805BB, its parents, partners, affiliated companies, business partners, licensors, employees, agents, or any third-party information providers be liable to you for any direct, indirect, consequential, punitive, special, exemplary, incidental or other damages, whether in contract, tort or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use the Website or arising out of the Website’s Content or any errors or omissions in the Content, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if 805bb is expressly advised of the possibility of such damages. 805BB does not warrant that the functions performed by the Website will be uninterrupted, secure, timely, or error-free, or that defects in the Website will be corrected. 805BB does not warrant that this site, its servers, or email sent from 805BB are free of viruses or other harmful components.
805BB disclaims any and all warranties, express or implied, for any products or services offered on the Website, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This disclaimer does not apply to any product warranty offered by the product’s manufacturer. Under no circumstances will 805BB, its parents, partners, affiliated companies, business partners, licensors, employees, agents, or any third-party information providers be liable to you for any direct, indirect, consequential, punitive, special, exemplary, incidental or other damages, whether in contract, tort or otherwise, including negligence, arising in any way from any product or service sold or provided through the Website, even if 805BB is expressly advised of the possibility of such damages. Your exclusive remedy for product claims (including breach of warranty, negligence, and strict liability) is limited to having the option of replacement or repayment of the purchase price paid for the products that are the subject of the claim.
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. In such cases,805BB liability will be limited to the fullest extent permitted by applicable law, but shall, in no event, exceed $100.00.
You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend, and hold 805BB, its parents, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers harmless from and against any and all claims, damages (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), costs and expenses (including attorney’s fees), resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of this Agreement.
11. Governing Law