Read This Terms of Use Agreement Before Accessing Services.
Effective Date: This Terms of Use Agreement was last updated on October 10th, 2014. You can review the most current version of this Agreement at any time at this page http://www.surfcanyon.com/terms.
This Terms of Use Agreement sets forth the standards of use of the Surf Canyon Incorporated ("Surf Canyon") Online Services. By using Surf Canyon's browser extension or website ("Services") you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the SurfCanyon.com web site. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Desciption of Service
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Modifications and Interruption to Service
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
- Governing Jurisdiction of the Courts of California
- Compliance with Laws
- Copyright and Trademark Information
- Notification of Claimed Copyright Infringement
- Other Terms
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Description of Service
Surf Canyon is providing Member with use of Surf Canyon's browser extension and website. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet and (3) pay any fees relate with such connection.
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Disclaimer of Warranties
The Services are provided by Surf Canyon on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Surf Canyon makes no representations or warranties of any kind, express or implied, regarding the use or the results of these Services in terms of their correctness, accuracy, reliability, or otherwise. Surf Canyon shall have no liability for any interruptions in the use of these Services. Surf Canyon disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
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Limitation of Liability
SURF CANYON SHALL NOT be liable for any damages whatsoever, and in particular SURF CANYON shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this service or the information provided by it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SURF CANYON has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
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Indemnification
Member agrees to indemnify and hold Surf Canyon, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
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Modifications and Interruption to Service
Surf Canyon reserves the right to modify or discontinue the Service with or without notice to the Member. Surf Canyon shall not be liable to Member or any third party should Surf Canyon exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Surf Canyon does not guarantee continuous, uninterrupted or secure access to our service and operation of our service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
The Surf Canyon browser extension may automatically download and install updates from Surf Canyon from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Surf Canyon to deliver these to you) as part of your use of the Services.
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Third-Party Sites
Our Services make use of links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
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Governing Jurisdiction of the Courts of California
Our service is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our service or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.
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Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
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Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006-2015 Surf Canyon, with all rights reserved, or is the property of Surf Canyon and/or third parties protected by intellectual property rights. Any use of materials from our Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Surf Canyon is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to connect to our Services without prior written permission of an authorized officer of Surf Canyon.
Surf Canyon and SurfCanyon.com are proprietary marks of Surf Canyon. Surf Canyon's trademarks may not be used in connection with any product or service that is not provided by Surf Canyon, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Surf Canyon.
All other trademarks displayed by Surf Canyon's service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Surf Canyon.
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Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, notifications of claimed copyright infringement may be sent by email to: info@surfcanyon.com
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Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Surf Canyon, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Information regarding the use and disclosure of personally identifiable information and other practices are described in our Privacy Policy, which is located at http://www.surfcanyon.com/privacy. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the practices described in our Privacy Policy.