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Terms of Use

Welcome to the ATLANTIC FLYBOARD website, www.atlanticflyboard.com (the "Site") owned and operated by ATLANTIC FLYBOARD. Please review the following rules that govern your use of the Site (the “Terms”). Your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.

Limited license

We grant you a personal, limited, non-exclusive, non-transferable, license to use and display this Site and individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement.

Prohibited uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. ATLANTIC FLYBOARD specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
  • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
  • Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
  • Attempting to interfere in any way with the Site's or ATLANTIC FLYBOARD’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
  • Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.

Product and pricing information

While we have made every effort to display our products and their colors as accurately as possible on our Site, the displayed color of the products depend upon the monitor of the user, and ATLANTIC FLYBOARD cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.

While we will make every effort to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product or service, to remove any Materials listed on this Site and to change pricing, terms, specifications and warranties at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets or distribution channels. The prices displayed on this Site are quoted in U.S. dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

Limits on purchases

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of ATLANTIC FLYBOARD merchandise, including.

Changes

ATLANTIC FLYBOARD reserves the right to make changes to the Site and to these Terms at any time without prior notice. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site. Your use following any such change means that you unconditionally agree to follow and be bound by these Terms of Use as changed.

We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to all or any part of the Site without notice or liability. We may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. We reserve the right to change Product pricing, terms, specifications and warranties without notice.

Site Materials, Trademarks and Copyrights

The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is ATLANTIC FLYBOARD property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws.

All content and Materials on this Site, and all software used on this Site, is the property of West Marine or its content or software suppliers, as applicable, and protected by U.S. and international copyright laws. You may use the Materials on this Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Materials on this Site is strictly prohibited. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws.

Site security

Violations of system or network security may result in civil or criminal liability. ATLANTIC FLYBOARD will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you or logging on to a ATLANTIC FLYBOARD server or account, which you are not authorized to access
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
  • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

International Users

We control and operate the Site from the United States and all information is processed within the United States. We make no representation that Materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials and/or products in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Information, Products and Materials published on the World Wide Web may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.

Privacy Policy

We are committed to protecting your privacy and will only use the information we collect about you to process your order and provide a more personalized shopping experience. Please read our Privacy Policy for more details.

Disclaimers and limitation of liability

This site is provided by ATLANTIC FLYBOARD on an “as is” and “as available basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, or products included on this site, or the suitability of the materials on this site for any purpose. The materials may contain inaccuracies and typographical errors.

We do not warrant the accuracy of completeness of the materials of the reliability of any advice, opinion, statement or other information displayed or distributed through this site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the site and we may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice. This site, the information and materials on the site, and the software made available on the site, are provided “as is” and we specifically disclaim all warranties, express or implied, of any kind including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall we or our affiliates or agents be liable to you for any direct, indirect, punitive, incidental, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) arising out of or in any way connected with the use of this site, the content or the materials in this site, the delay or inability to use this site or otherwise arising in connection with this site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. In no event will we be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose. This disclaimer constitutes an essential part of this agreement.

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.

Indemnity

You agree to defend, indemnify, and hold ATLANTIC FLYBOARD and its parent and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.

Governing Law

This site resides on a server(s) in Florida. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with ATLANTIC FLYBOARD shall be submitted to confidential arbitration in Fort Lauderdale, Florida. However, if you have in any manner violated or threatened to violate any ATLANTIC FLYBOARD Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Florida. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules 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, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Any claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arose.

General information

These Terms constitute the entire agreement between you and ATLANTIC FLYBOARD and govern your use of the Site, and supersede any prior agreements between you and ATLANTIC FLYBOARD. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

We may terminate your access, or suspend your access to all or part of the Site at any time, immediately and without notice, for any conduct that we, in our sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, us or our parent or affiliates.

You agree that no joint venture, partnership, employment, or agency relationship exists between ATLANTIC FLYBOARD and you as a result of these Terms or your use of the Site.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida.

You may not assign the Terms or any of your rights or obligations under the Terms without ATLANTIC FLYBOARD’s express written consent. The Terms inure to the benefit of ATLANTIC FLYBOARD’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.