effective as of February 1, 2019
1. As a user of bethanyhamilton.com (the “Website”), you agree to be subject to these Terms and Conditions. If you disagree with these Terms and Conditions, you agree to leave the Website and cease use of the website. Soul Surfer and Company, LLC, a Hawaii limited liability company (“Soul Surfer”), as the owner of the Website, reserves the right to deny access to the Website to any person who violates these Terms and Conditions.
2. All information provided and prices quoted or charged on the Website are subject to verification and shall be corrected by Soul Surfer should a discrepancy exist for any reason, including without limitation mistakes, errors, technical malfunction, programming errors, or any other reason.
3. Soul Surfer reserves the right to deny any user access or privileges with respect to any or all Website features for any non-discriminatory and otherwise lawful reason in its sole discretion, including in the case where a user poses a risk of danger or nuisance to other users. Notwithstanding the foregoing, Soul Surfer shall not be obligated to deny access or privileges, and is in no way responsible for the conduct of users, including any damages resulting therefrom.
4. Soul Surfer is not responsible for delays or service interruption or other inconveniences or injury due to mechanical failure, accidents, government actions, labor insurrection, traffic congestion, the act or omission of any third party, or other circumstances beyond Soul Surfer’s control.
5. You agree to indemnify and hold Soul Surfer, its affiliates, its officers, members, managers, agents, and employees harmless from and against any costs, fines, claims, damages, charges, or fees (including reasonable attorney’s fees) resulting from your negligence or willful misconduct.
6. You agree and acknowledge that only true, accurate, current and complete information shall be provided to Soul Surfer through the Website. It is your responsibility to verify and ensure the accuracy of any information.
7. You agree that your use of the Website is for personal use only. You shall not violate or attempt to violate the security of the Website, including by (a) accessing data not intended for you or a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” or (d) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. Soul Surfer will investigate occurrences which may involve such violations and may notify, and cooperate with, law enforcement in prosecuting those who are involved in such violations.
8. The Website is owned, controlled, operated and administered by Soul Surfer from its offices within the United States. Soul Surfer makes no representation that materials or content available through the Website are appropriate, accessible or available for use outside the United States. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
9. Soul Surfer reserves the right, in its discretion, to change, modify, add or remove terms to or from these Terms and Conditions at any time without notice. Changes shall be effective immediately. You agree to review these Terms and Conditions periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. If you have provided Soul Surfer with your email address, Soul Surfer will notify you by email of any changes to these Terms and Conditions, including any assignment of its rights and duties hereunder.
11. All materials and services on the Website and on any third-party sites to which the Website provides links, are “as is” or “as available” without warranty of any kind. Soul Surfer is not responsible for the availability or content of other services linked to the Website. Because Soul Surfer has no control over such services, you acknowledge and agree that Soul Surfer is not responsible for the availability of the same, and that Soul Surfer does not endorse and is not responsible for any content, accuracy, quality, advertising, products or other materials on or available from such external services. You further acknowledge and agree that Soul Surfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any content, goods or services available on or through such external services. The content published on the Website may include inaccuracies or typographical errors. Changes are periodically made to the information on the Website. Soul Surfer may make improvements and/or changes to the Website at any time. Soul Surfer makes no representation and, to the fullest extent allowed by law, disclaims all warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purposes regarding the suitability of information, the accuracy, reliability, or completeness of the content, services, products, text, graphics, links or other items contained within the Website or the results obtained from accessing and using the Website and/or the content contained therein. Soul Surfer does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Website, including the server that makes it available, are free of viruses or other harmful components. You assume the entire cost of all necessary maintenance, repair or correction of your computer, mobile device, or other equipment.
12. As a condition of use of this Website, you agree to indemnify, defend and hold harmless Soul Surfer, its affiliates, and each of their respective partners, officers, directors, shareholders, members, employees, representatives, contractors and agents, from any and all claims (including, without limitation, claims for privacy) and damages (including attorneys’ fees and court costs) arising from or relating to (a) your use of the Website, (b) Soul Surfer’s use of any information you provide, as long as such use is not inconsistent with these Terms and Conditions, and (c) any violation by you of these Terms and Conditions. If you are dissatisfied with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website. Under no circumstances, including, without limitation, negligence, shall Soul Surfer or its affiliates be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of, or inability to use, Website content, unauthorized access to or alteration of your transmissions or data, Website content or any errors or omissions therein contained, even if advised of the possibility of such damages. Notwithstanding anything else to the contrary in these Terms and Conditions, the maximum liability of Soul Surfer and any of its employees, contractors or agents shall in no event exceed amounts paid by you to Soul Surfer.
13. Any action connected to the Website or products or materials consumed through the website shall be brought in, and you agree to submit to the exclusive jurisdiction of the state courts located in the State of Hawaii. If any provision of these Terms and Conditions is deemed to be invalid or unenforceable, that shall not affect the validity and enforceability of the remaining provisions and the invalid or unenforceable provision will be replaced with a provision or provisions having the same economic effect. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure by Soul Surfer to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions.