Terms and Conditions

AGREEMENTS TO TERMS OF USE

Welcome to www.calledtosurf.com (“Call to Surf” or the “Site”). By using the Site, you agree to be bound by all the terms and conditions contained in these Terms of Use. Please read these Terms of Use carefully. Please print a copy of these Terms of Use for your records. We may, from time to time, modify the Terms of Use. When we make changes, we will post those in a new Terms of Use. Your use of the Site following any such modification constitutes your agreement to the modified Terms of Use. You should visit this page periodically to learn of any changes to these Terms of Use. If you do not agree to these Terms of Use, such policies, or any modifications thereto, please do not use this Site.

CONTENT

All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, “Content”), contained on the Site is owned, controlled or licensed by or to Called to Surf, and is protected by trademark laws and various other intellectual property rights and unfair competition laws.

Called to Surf’s Content may not be used in connection with any product or service that is not Called to Surf’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Called to Surf. All other trademarks not owned by Called to Surf that appear on this Site are the property of their respective owners, who may or may not be affiliated with Called to Surf. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner.

LICENSE AND SITE ACCESS

You are granted a limited right to access this Site and print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network or broadcast or publications media; 2) market, sell or make commercial use of this Site or any Content; 3) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; 4) make derivative uses of this Site or the Content; or 5) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

As a condition of your use of this Site, you represent and warrant to Called to Surf that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these Conditions of Use. Other than this agreement and agreements between you and Called to Surf relating to the sale of products or services to you through this Site, Called to Surf will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Any unauthorized use terminates the permission or license granted by Called to Surf and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Called to Surf.com so long as the link does not portray Called to Surf, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Called to Surf logo or other proprietary graphic or trademark as part of the link without express written permission.

Risk of Loss

All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Called to Surf. Title to products purchased on the Site, as well as the risk of loss for such products, pass to you when Called to Surf delivers these items to the carrier.

Product Information

Called to Surf attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Site are complete, reliable, current, or error-free.

Colors

We made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate.

Disclaimer of Warranties and Limitations on Liability

Called to Surf provides this Site on an “as-is” and “as available” basis. To the maximum extent permitted by law, Called to Surf disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, as to the operation of the Site. This disclaimer also applies to the information, content, third-party content, materials, products, services, or linked services provided on or through the Site, including, without limitation: that the information provided through the Site will be free from error, omission, interruption, defect or delay in operation, or from technical inaccuracies or typographical errors; that the Site will be available at any particular time or location; that the defects or errors in service will be corrected; or that the content on the Site is free from viruses or other harmful components.

Any information on this Site is subject to change without notice and we disclaim all responsibility for these changes. You expressly agree that your use of this Site is at your sole risk.

In no event will Called to Surf, or any party involved in creating, producing, or delivering the Site, be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Site or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Called to Surf through the Site; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions 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 and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold harmless Called to Surf and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Called to Surf arising out of or relating to your use of the Site, your violation of these Terms of Use, or your violation of any rights of another.

Miscellaneous Provisions

Called to Surf may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Called to Surf as a result of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use will take away from Called to Surf right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Called to Surf with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Called to Surf to enforce any provisions of these Terms of Use or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

If any provisions in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use represent the entire and final agreement regarding our Site and any Forum content, and supersedes any prior or contemporaneous communications between Called to Surf and you regarding our Site and its contents. All rights not expressly granted to you in these Terms of Use are reserved by Called to Surf.

These Terms of Use were last updated on August 22, 2013.