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SurfPulse Wireless Terms and Conditions |
SURFALERTS TERMS AND CONDITIONS
SMS, better known as Text Messages, and SurfPulse services for surf reports are provided by SurfPulse, hereafter referred to as SurfPulse.
By accessing and using SurfPulse alerts, you agree that you have read, understand and accept the terms and conditions below for all use of the SurfPulse services. If you are dissatisfied with any portion of the services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the services.
PERSONAL INFORMATION
In order to receive SurfPulse Wireless, we need your cell phone number and carrier. SurfPulse will not disclose any personal information to any third party without your consent.
ANTI-SPAM
SurfPulse does not buy, rent, or sell personal information. Every text message sent allows for un-subscription, allowing users to automatically and immediately remove themselves from subscription lists. The only way to receive SurfPulse alerts is to subscribe to it.
SurfPulse complies with the CAN-SPAM Act of 2003.
UNSUBSCRIBING/SERVICE CANCELLATION
You may unsubscribe to the service at any time by (i) clicking the "Login" link and following the instructions; (ii) email you cell phone number and full name to sms@surfpulse com; (iii) sending message back to SurfPulse from a text report with the word "QUIT" as the message; Your un-subscription request will be processed within five (5) minutes upon request. You are welcomed to subscribe again to the service again at any time.
SERVICES
Based on your subscription profile, you may receive multiple SMS text messages and/or emails from SurfPulse on a daily basis. These messages may also include a sponsorship advertisement at the bottom of the message. SurfPulse will never send you a stand alone text or email message from any sponsor. SurfPulse endorses and authorizes every sponsorship advertisement included in a SMS message. The sponsorship advertisements are provided as a value-added informative service, and any such dealings with a sponsor company is strictly between you (the user) and the sponsoring company. Text messages that you receive on your device may be delayed during transmission for any technical reasons. Most all cell phones are capable of receiving 160 characters in a text message. The accuracy and timeliness of any Text messages is not guaranteed or warranted by SurfPulse.
FEES
The service is provided to you for $1.00 for eavery 4 messages you recieve. Your wireless carrier may charge service fees for text messaging (including receiving/sending messages). We recommend that you check with your wireless carrier to verify the fees that may apply to your wireless device plan. SurfPulse does not endorse or recommend the services of any wireless carrier. The wireless carrier is solely responsible for the services it provides to you, and you are responsible for the agreement you have with your carrier. Under no circumstances will SurfPulse or its vendors be responsible for fees that your wireless carrier may charge you.
SECURITY
SurfPulse takes every precaution to protect users' information. All user-related information is restricted in our offices. Only SurfPulse employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices.
NOTIFICATION OF CHANGES
SurfPulse reserve the right to update or amend these Terms and Conditions at any time. The amended Terms and Conditions shall automatically be effective five (5) days after they are initially posted. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. Terms of Use are subject to change without notice.
ACCOUNT REGISTRATION & PASSWORD
Subscribing to SurfPulse requires you to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Yare entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. SurfPulse will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by SurfPulse or another party due to someone else using your account. You may not use anyone else's account at any time, without prior written permission of the account holder.
SUBMISSIONS
We welcome your comments and suggestions regarding the service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to SurfPulse shall be and remain the exclusive property of SurfPulse. Your submission of any such Comments shall constitute an assignment to SurfPulse of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. SurfPulse will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. SurfPulse expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
OWNERSHIP: COPYRIGHT & TRADEMARK NOTICE
All of the content you see, hear or otherwise experience through the Services (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by SurfPulse or by third parties who may own them.
NO ENDORSEMENT OF THIRD PARTIES
References on SurfPulse to any names, marks, products or services of third parties, or hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by SurfPulse. SurfPulse does not endorse nor make any warranties or representations about any web site you may access through SurfPulse, including the privacy policy of any such web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.
ASSIGNMENT
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SurfPulse. Any such purported assignment or delegation by you without the appropriate prior written consent of SurfPulse will be null and void and of no force or effect.
APPLICABLE LAW
This site is created and controlled by SurfPulse in Pacifica, California. As such, the laws of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of California for any litigation arising out of or relating to use of or purchase made through SurfPulse (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Courts of California and agrees not to plead or claim in any Court of California that such litigation brought therein has been brought in an inconvenient forum.
LEGAL DISCLAIMER
SurfPulse may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (i) conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; (ii) protect and defend our rights or property or those of our users; (iii) act as immediately necessary in order to protect the personal safety of our users or the public ; (iv) enforce these terms; or (v) administer the Services.
TERMINATION/ACCESS RESTRICTION
SurfPulse reserves the right, in its sole discretion, to terminate your subscription and access to any or all services at any time, without notice. SurfPulse shall have no obligation to maintain any content or to forward any unread, unsent or past messages to you.
INDEMNITY
You agree to indemnify, defend and hold harmless SurfPulse, its employees, officers and directors, or Clients from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from; (i) your use of the Services; (ii) your violation of the terms of these Terms and Conditions; and (iii) any violation or failure by you to comply with all laws and regulations in connection with the Services.
LIABILITY DISCLAIMER
SurfPulse specifically disclaims any liability with regard to the content and communication services offered through the service. THE INFORMATION AND SERVICES INCLUDED IN THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION RECEIVED THROUGH THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IN NO EVENT SHALL SurfPulse AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AT YOUR OWN RISK. SurfPulse AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION.
YOU SPECIFICALLY AGREE THAT SurfPulse SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SMS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SurfPulse IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF SurfPulse IS TO BE FOUND LIABLE IN A COURT OF LAW, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES TO BE RECOVERED WILL BE LIMITED TO $100.
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