TERMS OF USE

Aqua East Surf Shop

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Aqua East Surf Shop service ("Service"), owned and operated by Aqua East Surf Shop Online ("Aqua East Surf Shop"), is provided to you ("Member" or “you”) under the terms and conditions of this Aqua East Surf Shop Terms of Service (RYBTS) and any operating rules or policies that may be published by Aqua East Surf Shop. The RYBTS comprises the entire agreement between Member and Aqua East Surf Shop and supersedes all prior agreements or understandings, written or oral, between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CHOOSING "YES" IN THE "I AGREE TO THE TERMS AND CONDITIONS" FIELD, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE RYBTS.

2. DESCRIPTION OF SERVICE

Aqua East Surf Shop is providing Member with a capability to lease and operate his/her full-function surf report website for FREE. Aqua East Surf Shop will provide and maintain all necessary content and services for the Site's shared/networked areas. The Site name will remain the property of Aqua East Surf Shop at all times. Aqua East Surf Shop hereby licenses Member to use the Site name being provided to Member for the duration of this agreement and subject to all of the terms of this agreement.

Aqua East Surf Shop will have the right to include global advertising by Aqua East Surf Shop’s advertisers (“Advertisers”) throughout the Service, and Member will have no right or claim to revenues from any such advertising. Member may also participate in promotions with Advertisers as provided in Section 16 below and may also place local banner advertisements on the Site and may charge its advertisers for such advertising, provided that each such advertisement must be submitted to Aqua East Surf Shop for review prior to posting and may be rejected if Aqua East Surf Shop believes that it would conflict with any global advertisement throughout the Service or it promotes a competitor of an Advertiser or it otherwise does not comply with this agreement..

Member must: (1) be at least 18 years of age or older (2) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (3) provide for Member’s own access to the World Wide Web and pay any telephone service fees associated with such access. (4) promote his/her Site through advertising, linking or other lawful means of generating traffic to Member's Site. If Member does not log in to the Partners Administration Area for a term longer than 1 month after activation, the account will be reviewed and possibly removed from the system at Aqua East Surf Shop's discretion. This is considered house-cleaning to free up unused resources.

In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted by the Service and (2) maintain and update this information to keep it current, complete and accurate. All information requested on original sign-up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants Aqua East Surf Shop the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, account and phone number, unless: (1) Member expressly directs Aqua East Surf Shop, or any other person Member may specifically designate, to disclose such information through the Service as provided by the Service or (2) Aqua East Surf Shop is required to disclose such information by any applicable law or governmental regulation or legal process served on Aqua East Surf Shop.

If any information provided by Member is inaccurate, Aqua East Surf Shop retains the right to terminate Member's membership and rights to use the Service.

3. MODIFICATIONS TO TERMS OF SERVICE

Aqua East Surf Shop may change the terms and conditions of the RYBTS from time to time. Upon any change in the terms and conditions of the RYBTS, Aqua East Surf Shop will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time.

Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the RYBTS and its modifications; and (2) agreement by Member to abide and be bound by the RYBTS and its modifications.

4. MODIFICATIONS TO SERVICE

Aqua East Surf Shop reserves the right to modify or discontinue the Service with or without notice to Member. Aqua East Surf Shop shall not be liable to Member or any third party should Aqua East Surf Shop exercise its right to modify or discontinue the Service.

5. PRIVACY POLICY

Email is private correspondence between the sender and the recipient.

It is Aqua East Surf Shop's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, Aqua East Surf Shop will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the requirements of any applicable law or governmental regulation or comply with legal process served on Aqua East Surf Shop; (2) protect and defend the rights or property of Aqua East Surf Shop; or (3) act under exigent circumstances to protect the personal safety of Aqua East Surf Shop members or the public.

Member acknowledges and agrees that Aqua East Surf Shop neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein or any infringement of third party intellectual property rights arising therefrom or any crime committed or facilitated thereby.

Member acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

6. MEMBER’S ACCOUNT, PASSWORD, AND SECURITY

Once you become a member of the Service, you will receive a password and an account. You are entirely responsible for the results of any failure on your part to maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under the auspices of your account. You may change your password at any time by following instructions provided by Aqua East Surf Shop.

Member agrees to immediately notify Aqua East Surf Shop of any unauthorized use of Member's account or any other breach of security of which Member becomes aware.

7. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Aqua East Surf Shop EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Aqua East Surf Shop MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Aqua East Surf Shop MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Aqua East Surf Shop MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM Aqua East Surf Shop OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO, IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

Aqua East Surf Shop SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR ANY OTHER INTANGIBLE PROPERTY OR RIGHT, EVEN IF Aqua East Surf Shop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO, IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. NO RESALE OR COMMERCIAL USE OF THE SERVICE

A corporation or other entity that competes with Aqua East Surf Shop is not eligible to be a member of the Service. Member agrees not to resell or make any commercial use of the Service or content provided, other than that of monthly access by individuals for private entertainment purposes or for advertising as contemplated in Section 2 above without the express consent of Aqua East Surf Shop.

10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS

Aqua East Surf Shop assumes no responsibility for the deletion of or failure to store email messages.

Aqua East Surf Shop has set no fixed upper limit on the number of messages a Member may send or receive through the Service; however, Aqua East Surf Shop retains the right, at Aqua East Surf Shop's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the RYBTS and may terminate Service if a Member's conduct is found to be inconsistent with the RYBTS.

Member may not use his/her account to send mass mailing or spam messages. Any complaints or notification to Aqua East Surf Shop of such actions by member can result in immediate termination of Member's account with no right to further income or proceeds generated by that account.

12. MEMBER CONDUCT

Member is solely responsible for maintaining the guest area that is publicly accessible from the World Wide Web. Aqua East Surf Shop is not responsible for any copyright or trademark infringement or damages incurred by Member due to text or images placed on Member-accessible areas.

Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.

Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to use the Service in any manner that violates the intellectual property rights or other rights of other persons or entities, (4) not to interfere or disrupt networks connected to the Service; and (5) to comply with all regulations, policies and procedures of the Service and of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages and data; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature. 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. Attempts to gain unauthorized access to other computer systems are prohibited.

Member shall not interfere with another member's use of the Service.

Member shall continue to promote and maintain the Service while this agreement is in effect. Account inactivity for more than 30 days will be deemed a lack of participation and may be cause for termination of this agreement and of the Service.

Aqua East Surf Shop may, at its sole discretion, immediately terminate the Service should Member's conduct fail to comply with the terms and conditions of the RYBTS.

13. INDEMNIFICATION

Member agrees to indemnify and hold Aqua East Surf Shop, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this RYBTS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

14. TERMINATION

Either Member or Aqua East Surf Shop may terminate the Service with or without cause at any time and effective immediately. A written notice shall accompany termination to the other party. Aqua East Surf Shop shall not be liable to Member or any third party for termination of Service. Upon termination, member will forfeit all rights and claims to any further income or profits generated by the Member's Site(s).

Should Member object to any terms and conditions of the RYBTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Aqua East Surf Shop of termination.

Upon termination of the Service, Member's right to use the Service and Software, including without limitation the right to use the name of the Site, will immediately cease. Member shall have no right and Aqua East Surf Shop will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.

15. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail directed to the party at his, her or its last known address. Aqua East Surf Shop may broadcast notices or messages through the Service to inform Member of changes to the RYBTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotion, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Aqua East Surf Shop assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

17. PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Aqua East Surf Shop or by Aqua East Surf Shop's Advertisers, includes copyrights, trademarks, service marks, patents or other proprietary rights protected by law; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from such Content without expressly being authorized to do so by the Service or the Advertiser.

18. GENERAL PROVISIONS

The RYBTS shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law provisions thereof.

Member and Aqua East Surf Shop agree to submit disputes to arbitration before the American Arbitration Association in Jacksonville, Florida. The laws of the State of Florida will govern the arbitration and the interpretation of this agreement. Arbitrator(s) shall not award consequential, punitive, incidental, treble damages or any other damages based upon a multiplier. The parties agree that proceedings shall be confidential and that neither party shall disparage the other during or after arbitration. NOTE THAT IF A DISPUTE ARISES CONCERNING THIS AGREEMENT, BOTH PARTIES ARE OBLIGATED TO ENGAGE IN ALTERNATE DISPUTE RESOLUTION. IN DOING SO, BOTH PARTIES WAIVE THEIR RIGHT TO TRIAL BY JURY. Member and Aqua East Surf Shop agree that any proceeding arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If any provision(s) of the RYBTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Aqua East Surf Shop's failure to exercise or enforce any right or provision of the RYBTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Aqua East Surf Shop in writing nor shall it be construed as a waiver of any future failure to exercise or enforce any right or provision of the RYTBTS.