SURF CITY GARAGE LLC (an SCG Brands LLC company)
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees (each, an “Affiliated Entity”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, feature or product offered through the Site.
Permitted Use, Limited License and Authorization to Reproduce
Copyrights and Trademarks
User-Submitted Ideas, Comments, and Other Content
Information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same (each, a “Submission”)may be posted within a Forum or otherwise disclosed or made available to Surf City by you or others through or in connection with the Site. Submissions posted and/or uploaded to the Forums or through the Site may be subject to size and usage limitations. You are responsible for adhering to such limitations.
Unauthorized Use or Access
- Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site.
- Impersonate any person or entity, including without limitation any representative of Surf City; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without Surf City’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Surf City’s express prior written consent.
- Create a database by systematically downloading and storing Site Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site Content or reproduce or circumvent the navigational structure or presentation of the Site.
Additionally, you acknowledge and agree that you (and not Surf City) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
Links To Other Sites
For the convenience of users of the Site, one or more links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. Those independent sites may collect data or solicit personal information from you. Except as otherwise indicated, the Internet websites to which links are provided on the Site are not under the control of Surf City. Surf City assumes no responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Site and any other Internet website is not and shall not be understood to be an endorsement by Surf City of the opinions or views expressed by the linked Internet website, or of the owner or proprietor of the linked Internet website.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Surf City shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Membership; User Names and Passwords
Any online community hosted on our Site (the “Community”) is designed for you and your family’s enjoyment. As a member of the Community, you may receive certain specialized content, as well as special offers from Surf City. If you become a member of the Community, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, Surf City may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
No Responsibility for Third Party Content
In general, the Submissions in the Forums and elsewhere on the Site are supplied by third parties, including but not limited to users. In addition, some content, media and materials, including without limitation information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black and white, or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, that is displayed on the Site is supplied by third parties and/or using a third party website’s media player (such as Twitter’s API), hereafter referred to collectively as “Third Party Content.” Accordingly, Surf City is acting only as a host, bulletin board or conduit (and not a publisher) of such Submissions and Third Party Content and has no more editorial control over such Submissions and Third Party Content than does a public library, bookstore, or newsstand. Surf City and the Affiliated Entities acquire no title or ownership rights in or to any Submission or Third Party Content. Any opinions, advice, statements, services, offers, information or other Submissions or Third Party Content expressed or made available by third parties, including information providers, are solely those of the respective authors or distributors, and not of Surf City. Surf City, the Affiliated Entities, and the third-party providers of information do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any such Submissions or Third Party Content. Furthermore, Surf City and the Affiliated Entities expressly disclaim all responsibility for, and make no endorsement or representations as to, the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement, or other Submission or Third Party Content made through the Forums or displayed elsewhere on the Site by anyone other than an authorized Surf City representative while acting in his/her official capacity. Surf City and the Affiliated Entities are not responsible for any errors or omissions in any Submission or Third Party Content, or for hyperlinks embedded in any Submission or Third Party Content. Under no circumstance will Surf City, any Affiliated Entity or their respective employees, officers, directors, shareholders, agents, and representatives, be liable for or in connection with any loss or damage caused by your reliance on any Submission or Third Party Content made on or through the Site. In addition, Surf City and the Affiliated Entities have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of any information, Third Party Content or other Submission voluntarily made public through any Forum or any other part of the Site.
No Confidentiality or Other Obligations
Surf City does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Site, any products or services of Surf City or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Site (whether or not in response to a solicitation made on or through the Site), you agree that such Submission is not to be considered to be submitted “in confidence,” that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Surf City has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.
Monitoring; Removal of Submissions
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Purchases Made Through Our Site
Termination of Access
While Surf City makes reasonable efforts to provide accurate Content through the Site, Surf City cannot guarantee accuracy. All Content, Submissions and Third Party Content are used by users at their own risk. THE SITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURF CITY AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE SITE. FURTHER, SURF CITY AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SURF CITY AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE SITE.
IN NO EVENT WILL SURF CITY OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER SURF CITY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE SITE BY SURF CITY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SURF CITY AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SURF CITY TO ACCESS AND USE THE SITE.
The Site is controlled, operated and administered by Surf City (or its Affiliated Entities) from its offices within the United States of America and is not intended to subject Surf City to the laws or jurisdiction of any state, country or territory other than that of the United States. Surf City does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Surf City may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Surf City does not endorse any of the products or services listed at such site.
Contact Us; Questions or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to: Surf City Garage LLC, 5872 Engineer Dr., Huntington Beach, CA 92649, (714) 894-1707. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
It is our policy to remove, or disable access to, material that infringes any copyright from our Site after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, Surf City Garage LLC, 5872 Engineer Dr., Huntington Beach, CA 92649, (714) 894-1707, firstname.lastname@example.org.
Governing Law; Forum