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.
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.
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.
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.