Last Updated: August 14, 2015
These Terms of Use (“TOU”) apply to the Cardiff Skate Co. web site located at www.cardiffskate.com, and all associated sites linked to www.cardiffskate.com by Cardiff Skate Co., its subsidiaries and affiliates, including Cardiff Skate Co. sites around the world (collectively, the “Site”). The Site is property of Cardiff Sport Technologies, LLC (“CSC”) and its licensors. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
CSC reserves the right, at its sole discretion, to change, modify, add or remove portions of these TOU at any time, effective immediately, by posting a revised version at www.cardiffskate.com/terms. You are advised to check these TOU periodically for changes. Your continued use of the Site constitutes acceptance of these changes.
The Site is hosted by Shopify Inc. (“Shopify”). Shopify provides CSC with the online e-commerce platform that allows CSC to manage, provide, process, and deliver products and services (collectively, “Services”) to you. You acknowledge and agree that your use of the Site and its Services are also governed by the Terms of Service and Privacy Policy of Shopify.
Shopify Terms of Service: https://www.shopify.com/legal/terms
Shopify Privacy Policy: https://www.shopify.com/legal/privacy
Content
All text, graphics, photographs, trademarks, logos, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to CSC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competitions laws.
Except as expressively provided in these TOU, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, mirrored, encoded, translated, transmitted or distributed in any way for publication or distribution or for any commercial enterprise, without CSC’s express prior written consent.
Account Terms
Certain Services or features offered on or through the Site may require registering an account. You are responsible for keeping and maintaining the account password secure and confidential, and you will notify CSC immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s account without the expression permission and consent of the holder of that account. CSC cannot and will not be held liable for any loss or damage arising from your failure to comply with these obligations.
You acknowledge that CSC will use the email address you provide as the primary method for communication. The person signing up for the account will be the contracting party (“Account Owner”) for the purpose of our TOU and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Site and Services.
If you sign up for Services or an account on behalf of your employer, your employer shall be the Account Owner and you represent and warrant that you have the authority to bind your employer to these TOU.
A breach or violation of any term in these TOU as determined in the discretion of CSC or Shopify will result in an immediate termination of your account. CSC may terminate your account at any time with or without cause and/or notice, effective immediately.
To terminate this agreement or account, stop using the Site and Services, or contact customerservice@cardiffskate.com from the email address you used to register the account. All provisions which by their nature should survive the termination of this agreement or your account, shall so survive.
Your Use of Site and Services
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or Content to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the site.
You may not attempt to gain unauthorized access to any accounts, portion, or feature of the Site, or any other systems or networks connected to the Site. You may not interfere or attempt to interfere with the proper working of the Site, Services or Content. Harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, hacking, cracking, password mining, forging headers, manipulating identifiers, probing, scanning, tracing, spamming, phishing and any actions that impose an unreasonable or disproportionately large load on the Site or Shopify’s servers, or are unlawful, malicious, misleading or forbidden by these TOU, are expressly prohibited. We reserve the right to terminate your use of the Site or any related website for violating any of these prohibited uses.
You may not give false information or pretend to be anyone else. You may not access or attempt to access any accounts but your own or those you’ve been given explicit permission and authority to access by the Account Owner.
General Conditions
These TOU and all disputes that may arise relating to your access to or use of the Site or Services will be governed in accordance with the laws of California and the laws of the United States. You agree to the personal jurisdiction of San Diego County, California, and waive any objection to such jurisdiction or venue. Any claim under these TOU must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Additional Terms of Use may apply to specific portions or features of the Site, all of which terms are made a part of these TOU by this reference. If there is a conflict between these TOU and the terms posted for or applicable to a specific portion of the Site or Services, the latter terms shall control with respect to your use of that portion of the Site or Services.
Not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. CSC reserves the right to limit, in its sole discretion, sales of Services to any person, region or jurisdiction, for any reason, at any time. Any offer for Services made on the Site are void where prohibited.
You acknowledge and agree that some of your information and other content may be transferred unencrypted and involve transmissions over various networks. CSC may make changes to any of the Services offered on the site, or to the applicable product prices, product descriptions, product weights, or product dimensions for any such Services, at any time, without notice. CSC makes every effort to display as accurately as possible the colors of our products, but cannot guarantee that your computer monitor or screen’s display of any color will be accurate. The materials on the Site may be out of date, inaccurate or incomplete, and CSC makes no commitment to update the materials on the Site with respect to such Content or Services.
Privacy
CSC’s Privacy Policy applies to use of the Site, and its terms are made a part of these TOU by this reference. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if the transmission is encrypted.
CSC’s Privacy Policy: www.cardiffskate.com/privacy
Links to Other Sites
The Site may contain links to other independent third-party web sites. The linked sites are not under the control of CSC and CSC is not responsible for and does not endorse the content of any such linked sites. CSC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CSC of the linked site. You will need to make your own judgment regarding your interaction with these linked sites.
Indemnity
You agree to indemnify and hold harmless CSC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or in connection with your use of the Site, its Contents or Services, including but not limited to your violation of these TOU or documents they incorporate by reference.
Limitation of Liability
In no event will CSC, its contractors, and its licensors, and their respective directors, officers, employees and agents be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including but not limited to lost profits, lost products, and lost or corrupted data, even if CSC has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these TOU, CSC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, its Content or Services, CSC’s liability shall in no event exceed the greater of (1) the total of any fees paid by you to CSC under this agreement during the six months prior to the initial claim made against CSC, or (2) US$100.00. The foregoing shall not apply to the extent prohibited by applicable law.
Optional Tools
CSC may provide you with access to third party tools (“Apps”) through the Site, over which CSC neither hosts, developed, nor maintains. You acknowledge and agree that CSC provides access to such Apps “as is” and “as available” without any warranties, representations or conditions of any kind, without any endorsement. You should ensure that you are familiar with and approve of the terms on which these Apps are provided by the relevant third party provider(s).
Unsolicited Ideas
CSC and its employees do not accept or consider unsolicited ideas, including but not limited to ideas for new products, new names, new colors, new or improved technologies or new marketing plans. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CSC’s products or marketing strategies might seem similar to ideas submitted to CSC. If, despite our request that you not send us your ideas and materials, you still send them, please understand that CSC makes no assurances that your ideas and materials will be reviewed or treated as confidential or proprietary.
Disclaimer of Warranties
CSC DOES NOT PROMISE THAT THE SITE, CONTENT, SERVICES, OR FEATURES OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CSC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CSC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, ITS CONTENTS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CSC FOR DISSATISFACTION WITH THE SITE, ITS CONTENTS OR SERVICES IS TO STOP USING THE SITE OR ANY SUCH CONTENT OR SERVICES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
CSC reserves the right to modify, change, suspend or terminate operation of or access to the Site, or any portion of the Site, at any time without notice.
Miscellaneous
The failure of CSC to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. These TOU constitute the entire agreement between you and CSC and govern your use of the Site and Services, superseding any prior agreements between you and CSC (including but not limited to any prior versions of these TOU).
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU and shall not affect the validity and enforceability of any other remaining provisions.