Rusty Surfboards, Inc.®, provides its websites accessible at www.RustySurfboards.com (individually or collectively, the “Website”) to you subject to the following Terms of Use. BY USING THE WEBSITE IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO RUSTY SURFBOARDS, INC., YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE, PRIVACY POLICY AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. In addition, when using particular parts of the Website such as shopping, forums, watching videos, or blogs you agree to abide by any applicable posted guidelines for those services. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OF USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO RUSTY SURFBOARDS, INC.. Rusty Surfboards, Inc. may modify this terms of use at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use. Rusty Surfboards, Inc. has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.
The timeline on rush fees apply to working days and will begin once the board design has received final sign off from the customer. Add on's like color or larger blanks requiring special orders may require more time to the expected completion date.
Due to the many variations in monitors and browsers, color samples may appear different on different monitors. Computer monitors and hand held mobile devices are not all calibrated equally and color reproduction on the Internet is not precise. Since it is not possible to guarantee our online colors will look the same on all computers or devices we do not guarantee that what you see accurately portrays the color of the actual surfboard. We do our very best to make sure our surfboards are as close to the exact color as possible, but cannot guarantee that what you see is an exact match. Keep in mind the actual surfboard can have color variations due to the different foam constructions and resins used, for instance EPS can have up to a 20% color variance when the resin hits the color.
Note: Also don’t mistake the color name to be what you may think that color should be. Example, just because a color may have the name Pecan, does not mean it will necessarily look like what most people would consider to be a Pecan color. Please do not order using color names as your guide, always use a Pantone number if possible or our numbers. Just because products have the same color name that does not mean they are the same exact color.
Most importantly, Black surfboards and dark colors, sure, they look cool. But... Black will show any imperfections. Even “cosmetic” ones. Dark colors absorb more heat. The darker the board is the more vulnerable it is to delamination. Black boards / dark color glasses with epoxy resin will have a purpleish look due to the UV brightener.
Colors on surfboards may vary from colors ordered by customers due to countless factors such as differences in color modes on image files, browsers, palettes, printer’s ink, etc. Such variances in colors do not constitute acceptable grounds for return. There are no returns due to color variances. We cannot guarantee Black or any other dark colors, such as deep blue or dark purple.
By checking the box on the checkout screen you are agreeing that you have read, understand and agree to these terms. There are no returns due to color variances.
Logos: we will do our best to get you the logo you request. Sometimes we are out of a particular logo. We will try and contact you and get another choice. From time to time the logo might not be positioned exactly as you requested. This also does not constitute grounds for a return.
Gift certificates are invalid if sold through a third party like Craigslist or Ebay. Use of gift certificate is subject to further payment verification, possibly tracing back the origin of purchase and its relation to the person attempting to use the gift certificate. A failure in this or a similar verification process will render the gift certificate invalid.
Rusty Surfboards, Inc. trademarks displayed on this Website are trademarks or registered trademarks of R..& Everything Else, Inc. and its affiliated companies in the United States and internationally. All other trademarks are the sole property of their respective companies. All use prohibited.
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, FAQs is owned exclusively by Rusty Surfboards, Inc. and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Rusty Surfboards, Inc.. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Rusty Surfboards, Inc. or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Rusty Surfboards, Inc., including, for example, #rustysurfboards or #ourkind. Such Submissions may be used on the Website and/or on other Rusty Surfboards, Inc. marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Rusty Surfboards, Inc. to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). Rusty Surfboards, Inc. is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Rusty Surfboards, Inc., its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s Terms of Use.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Rusty Surfboards, Inc., our vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Rusty Surfboards, Inc. without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Rusty Surfboards, Inc. reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Rusty Surfboards, Inc. is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Rusty Surfboards, Inc., including its licensors and/or vendors, and Rusty Surfboards, Inc. does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Rusty Surfboards, Inc. has 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 Submission.
Any questions, comments, suggestions, or other information about Rusty Surfboards, Inc. products or services submitted to Rusty Surfboards, Inc. through this Website (“Feedback or Comments”) shall be deemed non-confidential and non-proprietary. Rusty Surfboards, Inc. shall be free to use, reproduce, disclose and distribute such Feedback or Comments in any manner without limitation. Rusty Surfboards, Inc. specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback or Comments and User Content originated. You understand that Rusty Surfboards, Inc. does not control, and is not responsible for Feedback, Comments and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Rusty Surfboards, Inc. expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback, Comments and User Content, that you may not rely on said Feedback, Comments, and User Content, and that under no circumstances will Rusty Surfboards, Inc. be liable in any way for any Feedback, Comments and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback, Comments and User Content posted, emailed or otherwise made available. You acknowledge that Rusty Surfboards, Inc. does not pre-screen or approve Feedback, Comments and User Content, but that Rusty Surfboards, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback, Comments and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Rusty Surfboards, Inc. expressly disclaims any liability for such organizations, events or individuals.
You agree not to transmit to Rusty Surfboards, Inc. any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Rusty Surfboards, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Rusty Surfboards, Inc. users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Rusty Surfboards, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
Rusty Surfboards, Inc. may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Rusty Surfboards, Inc. may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.
Users of all ages are welcome to browse the Website however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. What's more, product inventory on the website may be off at times and we reserve the right to issue you a refund for that corresponding order.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Rusty Surfboards, Inc. is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Certain areas on this Website may contain Rusty Surfboards, Inc. confidential information. A valid user name and password are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Rusty Surfboards, Inc. confidential information, may be a violation of Rusty Surfboards, Inc.'s rights and are strictly prohibited. By accessing Rusty Surfboards, Inc. confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Rusty Surfboards, Inc. agent for notice of claims of copyright infringement ("Copyright Agent"), at
service@RustySurfboards.com
or
Rusty Surfboards, Inc
8495Commerce Ave, San Diego, CA 92121
You must provide our Agent with the following Notice:
Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature. If valid, Rusty Surfboards, Inc. will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Surfboards are purchased 'AS IS". Because of the nature of its construction, surfboards are subject to breakage as well as 'dings' and 'pressure dings' under NORMAL use and conditions. The performance demands of surfers are requiring manufacturers to build ever lighter boards. Obviously, the lighter the board, the more fragile it is, although this is no always the case. A board can be broken by even the smallest wave, and even heavier boards are not immune to damage. The surfer's style of riding can also adversely affect the condition of a board. Excessive heat can cause delimitation or bubbling, and sunlight can cause fading as well as yellowing over time. The sharpness of the board's nose and fins is also dangerous. Buyer assumes the entire responsibility for all repairs. Manufacturers and seller make NO WARRANTIES, expressed or implied, with respect to the condition, quality, durability or fitness of the surfboard for the purposes and uses of the buyer. Surfboard and Wakesurfboard purchases are NOT refundable.
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RUSTY SURFBOARDS, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RUSTY SURFBOARDS, INC. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL RUSTY SURFBOARDS, INC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RUSTY SURFBOARDS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF RUSTY SURFBOARDS, INC. WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Rusty Surfboards, Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees (the “Indemnified Parties”), harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your use of products or services, your breach of any of the representations and warranties herein, or your violation of any rights of another.
You understand that participation in surfing can be dangerous. You expressly agree that surfing brings with it “inherent” risks, including falls and collisions. You recognize that falls, collisions and other incidents and accidents occur and injuries are a common and expected element of surfing and you understand that accidents, injury, illness, incapacity or death can arise in conjunction with participating in surfing. You agree that your participation in surfing is a conscious choice and you agree to accept and assume any and all risks in connection with surfing.
To the fullest extent permitted by law, you further agree to forever release, waive, hold harmless, indemnify, and defend the Indemnified Parties from and against any and all claims, demands, causes of action, liabilities, actions, and any and all medical expenses or other related expenses, including damage to property, asserted by others, by you, or on your behalf, your estate, executors, heirs, or assigns brought under any theory of legal liability, arising directly or indirectly out of your use of the products or services. The above release includes, but is not limited to, any and all damages occasioned in the event of an incident, illness, or other incapacity, death, or damage to property, however caused.
This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Rusty Surfboards, Inc. products and publications are commercial in nature. Rusty Surfboards, Inc. does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, the PRIVACY POLICY or your use of the Website, will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in San Francisco or Alameda County, in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Rusty Surfboards, Inc. with respect to the subject matter of the Terms of Use and Privacy Policy.