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Wednesday 10 March, 2010

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Membership Agreement, Privacy Policy and Rules

1.	Thank you for visiting sportsknack.com, ("The Site" herein, jointly, collectively and individually and the term "The Site" includes but is not limited to any online tutorials, training sessions or other information provided on The Site).  By using The Site and by clicking on the "I Have Read and Accept This Membership Agreement and Privacy Policy and Rules Relating to Membership" button below, you are creating a legal and binding agreement between you ("you" and "your") and Sports Knack, Inc. ("Owner", "our", "we," "us"), who is the owner of The Site.  This agreement includes all of the following terms and conditions and privacy statement as well the Rules Relating to Membership.  Owner shall be free to change this Membership Agreement and Privacy Policy as well as the Rules Relating To Membership at any time by posting the same on The Site but without any individual notice to you and if you use The Site after such changes are so posted, you will be deemed to have accepted such changes and such changes shall be retroactively made a part of Membership Agreement and Privacy Policy.
2.	You should note that other parties may post materials that you may find offensive.  It is also possible that other parties may obtain information about you that you may consider personal and that they may seek to harass, intimidate or otherwise use such information in a manner that you may object to.  Additionally, you must know that information that you post is not private and may be accessed and viewed by others.  Thus you should be extremely careful about the information you provide.  You should never provide your full name, address or other personally identifying information except on a secure page of The Site and only for credit card information.
3.	This agreement shall apply to your use of The Site as well as to your rental, lease or other use of any of the equipment available on The Site including but not limited to surfboards, skateboard, snowboard and other equipment ("The Equipment" herein, individually, jointly and collectively).  The Site or your access to The Site and your membership can be terminated at any time by Owner.  Owner shall have the right to change The Equipment and its availability and the terms of use of The Equipment at any time without individual notice to you.  Owner does not guarantee that any particular of The Equipment will always be available and Owner has the right to substitute any of The Equipment for similar equipment.  No such actions set forth in this paragraph shall be deemed a breach or violation of this agreement on the part of Owner.
4.	As a condition of your membership, you shall pay the current membership fee in advance and shall be entitled to such membership benefits as are determined from time to time by Owner according to the Rules Relating to Membership.  Owner shall be entitled to change or eliminate any such membership benefits at any time without individual notice to you.  Once you are a member, you shall be entitled to the privileges accorded your level of membership.  In the event of any damage to The Equipment as a result of your rental, lease or other use of The Equipment other than normal wear and tear (which is determined in Owner's sole discretion), you authorize Owner to charge your credit card for the same in addition to all other charges.  You are solely responsible for all damage including but not limited to death, injuries and other damages caused to yourself or other parties or property as well as all consequential damage as a result of your use of The Equipment and, in that regard, the indemnities provision of this agreement shall apply to all such damages resulting from your use of The Equipment.  You may cancel your membership at any time subject to any provisions in the Rules Relating to Membership.  
5.	You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site ("Material" in this agreement and the term "Material" shall include any information including any biographical material including your name, email information, credit card information or the like you provide) and everything and all Material that you post, publish or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement.  In the event that you provide information about yourself, you shall update such information from time to time to keep the said information current.  All such information shall be subject to the terms and conditions of Owner's privacy statement set forth below.  You are responsible for maintaining the confidentiality of any user identification, password and account provided to you as part of your use of The Site and you are fully responsible for all activities that occur under your user identification, password or account.  Owner reserves the right but has no obligation to reject any Material brought to Owner's attention but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material.  You agree that you will not post on The Site or otherwise publish, transmit, republish or retransmit to others:
a.	any Material that may violate the rights of any other party including but not limited to any rights of privacy, libel, slander, copyright, trademark or other rights nor any Material that is obscene, offensive, racist, sexually explicit, harassing or violates the laws of any state, country, province or any other governmental entity anywhere in the world;
b.	any Material, including but not limited to any Material contained in your profile, that includes either your or any other party's telephone number, street address, last names, URL's or other web site designations, email address, anatomical or sexual references, or sexually suggestive language;
c.	any photographs, graphics or the like in any format containing nudity or personal information; 
d.	any Material that is encrypted; 
e.	any Material that is advertising or involves the commercial or other solicitation in any manner of any commercial nature, whether for you or any other party and whether or not considered to be "spam" or junk email and whether or not mailed individually or as part of a mass mailing; 
f.	any Material that may be deemed to be or is a chain letter or the like; and
g.	any Material that contains or delivers any form of viruses, Trojan horses, or other form of material that can harm the computers of other parties or of Owner. 
Additionally, you understand that everyone who posts any Material to The Site including but not limited to advertisers who advertise on The Site may own rights to that Material or to such advertisements and related matters and you agree that you shall not copy, transmit, re post or otherwise use any such Material or such advertisements and related matters anywhere without the express, prior and written permission of the owner of that Material or such advertisements and related matters.  
You further agree that you shall not:
a.	interrupt or disrupt or attempt to interrupt or disrupt The Site in any way or prevent or impede any other party's access to The Site;
b.	provide false or misleading information about yourself or others except that you may use a screen name or other name for purposes of privacy; 
c.	modify or change any aspect of The Site; and
d.	collect or store personal data about other users.  
You further agree that you shall use all of The Equipment only as the manufacturer, distributor or Owner intended and shall observe all cautions, warnings, advisories and the like, whether provided by the manufacturer, the distributor or Owner and shall obey all laws, rules and regulations applicable to the use of The Equipment.
6.	You agree that your correspondence or business dealings with or participation in promotions of advertisers or others found on or through The Site, including credit card processors and others and including issues related to payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertisers or others. You agree to abide by all of the terms and conditions related to your correspondence or business dealings with such other parties.  You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred not responsible or liable for any loss or damage as the result of any such dealings or as the result of the presence of such advertisers or others on The Site.
7.	Violations of this agreement including but not limited to the above policies, under appropriate circumstances and/or for certain repeat offenders, shall result in the termination of subscribers and account holders and other users of The Site, our network or our service. Owner is registered under the Digital Millennium Copyright Act of 1998 as amended and pursuant to that act as well as pursuant to the Communications Decency Act (47 U.S.C. section 230) and pursuant to Owner's other rights and remedies, but not in limitation thereof, Owner may remove any materials that, in Owner's sole discretion, may be illegal, may be, in Owner's discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected, or materials that may subject Owner to liability or which may violate the within policies or this agreement and that Owner may act in accordance with direction from law enforcement officials or pursuant to court orders.  Any claims from copyright holders and responses thereto shall be governed by the provisions of the Digital Millennium Copyright Act of 1998, as amended.
8.	Owner reserves the right and by entering into this agreement you expressly consent to allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and all activities on The Site including the right to remove any Material as described above but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities or such Material.   You expressly consent to allow Owner the right to store and make copies of all of your Material and other information you post.  You expressly consent to allow Owner to disclose to any other party all such Material and other information you post subject to Owner's privacy statement set forth below.  If you desire that Owner not disclose such information, then you must notify Owner via email to the address set forth in paragraph 15 of that desire and failing to receive such notification from you, Owner shall have all the rights set forth in this agreement regarding all such Material. You also agree that Owner may preserve Material and information about you and may disclose Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this agreement; (c) respond to claims that any Material violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site and the public.  Owner is the proprietor of all of Owner's copyrights, trademarks and other proprietary rights and you shall have no rights of any sort in and to nor shall you use any of Owner's proprietary rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Site. You hereby give and grant to Owner, its successors, assigns and licensees, the non-exclusive right to use, copy, display, post, re post, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works and the within grant shall be a grant to Owner and its successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason.  Owner shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement to any other party.
9.	You further acknowledge that Owner may establish general practices and limits concerning use of The Site, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Material will be retained, the maximum number of email messages that may be sent from or received by you, the maximum size of any email message that may be sent from or received by you, the maximum disk space that will be allotted on Owner's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access The Site in a given period of time. You agree that Owner has no responsibility or liability for the deletion or failure to store any messages and other communications or other Material You acknowledge that Owner reserves the right to log off accounts that are inactive for an extended period of time.
10.	It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher, speaker or distributor of any Material and not responsible in any manner for the conduct of you or any other member or otherwise.  As such, this agreement and The Site shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and be construed to make Owner's actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
11.	In addition to all other obligations, promises and representations you make in this agreement, you represent and warrant: 
a.	that you are over the age of 18 and a citizen of the United States;
b.	that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and the like regulating this agreement, The Site or otherwise; and
c.	that you shall not seek to hold Owner, nor any of its shareholders, officers, directors, agents, attorneys or others liable in any manner for anything that may result from your or another person's use of The Site, The Equipment or otherwise.  
These warranties and all your other obligations, promises and representations shall survive the termination of this agreement.
12.	You shall defend and save and hold harmless Owner, Owner's affiliated and related corporations and other related business entities, their or Owner's respective successors and assigns and their or Owner's licensees, partners, employees, agents, attorneys, shareholders, officers, directors against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any third parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained.  These indemnities shall survive the termination of this agreement. 
13.	THE SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ANY ADVERTISING AS WELL AS ANY AND ALL OF THE EQUIPMENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.  YOU ARE USING THE SITE AND ALL THE EQUIPMENT AT YOUR OWN RISK AND BY RENTING, LEASING OR OTHERWISE USING THE EQUIPMENT YOU ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH AND ACCEPT ALL SUCH RISKS.  SOME, BUT NOT ALL, OF THE RISKS ARE LISTED IN THE RULES RELATING TO MEMBERSHIP.  OWNER SHALL NOT BE RESPONSIBLE OR LIABLE:
a.	FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY "HACKERS" OR THOSE WHO MIGHT INVADE OR DISRUPT THE SITE OR TAKE INFORMATION INCLUDING MATERIAL FROM THE SITE OR OTHERWISE;
b.	FOR THE CORRECTNESS OF ANY MATERIAL INCLUDING BUT NOT LIMITED TO ANY OF THE TUTORIALS, TRAINING SESSIONS OR OTHER INFORMATION POSTED ON OR INFORMATION OBTAINED FROM THE SITE, WHETHER BY OR FROM OWNER OR BY OR FROM ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER.  OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER.
c.	FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ADVERTISERS OR ANY OTHER VISITOR TO THE SITE.  
d.	FOR ANY ACTS OR OMISSIONS OF ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS.  
e.	FOR THE ACTS OF ANY OTHER PARTY WHO MAY PROVIDE SERVICES TO THE SITE OR TO YOU. 
f.	FOR ANY OF THE EQUIPMENT, WHETER AS A RESULTS OF DEFECTS OR OTHERWISE.
g.	FOR ANY INJURIES, DEATH OR OTHER CONSEQUENCES WHETHER TO YOU OR TO ANY OTHER PARTY FROM THE USE OF THE EQUIPMENT.  YOU ARE USING THE EQUIPMENT AT YOUR OWN RISK.  
h.	FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, LOST OR DELAYED EQUIPMENT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF OWNER's OR ANY OTHER WEB HOSTING OR OTHER SERVER, FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS FOR ANY PERIOD OF TIME OR FOR ANY CAUSE OUTSIDE OF OWNER's CONTROL OR FOR ANY OTHER DAMAGES OR COSTS OF ANY KIND INCLUDING PUNITIVE DAMAGES OR LOSSES.  
i.	FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED OR THE EQUIPMENT RENTED, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY.  
THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
YOU HEREBY WAIVE, RELINQUISH AND GIVE UP THE RIGHT TO MAKE ANY CLAIMS OF ANY SORT INCLUDING BUT NOT LIMITED TO CLAIMS AS TO NEGLIGENCE, BREACH OF WARRANTIES, RECKLESSNESS OR ANY OTHER CLAIMS AND WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, AGAINST OWNER OR ANY OTHER PARTY ARISING OUT OF THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE USE OF ANY OF THE EQUIPMENT.
14.	Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  The names of some of those providers or the information that will enable you to access that information about such providers can be found at http://search.yahoo.com/search?p=parental+controls&fr=FP-tab-web-t&toggle=1&ei=UTF-8  Owner shall not be responsible in any manner as to any aspect of any such parental control protections or otherwise.
15.	The Site is provided by Owner, who is located at 1830 Lincoln Blvd, Santa Monica, CA 90404, email info@sportsknack.com and the name of Owner's agent is Cariel Cohen located at info@sportsknack.com.  If you have any complaints about The Site, you can contact Owner at the above email or other address.  If you believe your copyright rights have been violated, you should notify Owner's Designated Agent.  Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.  This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable.   This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement.  This agreement including but not limited to the Rules Relating To Membership shall bind and benefit each of your and Owner's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply.  Captions are for ease of reading only and are not substantive.  A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach.  All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner's exercise of any other rights or remedies available to Owner.  Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Los Angeles, California and Owner shall be entitled to injunctive relief.  You expressly consent to personal jurisdiction in such state and in such court.  In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs.  In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement.  All of the provisions of this agreement shall survive the termination of this agreement for any reason.

The following are the terms of the privacy policy of Owner regarding use of The Site.
1.	Kinds of Information.  Owner collects certain information in various ways from The Site and uses that information in various ways.  Among information that Owner may collect are real names, real addresses including the city, state and zip code in which you reside, email addresses, telephone numbers, social security numbers, information about your Internet connection or other information.  Owner may also collect statistics about members, traffic patterns and related information as well as information gathered from the use of "cookie" or other technologies, whether from advertisements on The Site or otherwise, and all other such information.  Owner may use all such information including but not limited to for marketing and promotional uses directed to you and Owner may also provide non-personally identifiable information to others including but not limited to manufacturers and distributors but Owner will not intentionally provide personally identifiable information to others except that Owner may provide credit card information for the limited purposes of collecting payments, communicating with credit card companies and the like but Owner will not be liable for any inadvertent disclosure by Owner or any other parties.  You agree that Owner may use and provide to other parties all the said information as indicated herein.  
2.	Affiliates, Advertisers and Other Links: Through Owner and The Site you may be introduced to a variety of other party vendors and sites including but not limited to vendors of goods and services, providers of other information and other such parties.  Any links to such other vendors and sites are provided solely as a convenience and the above Membership Agreement shall govern all such links.  The privacy policies and terms and conditions of service of these other parties are not under Owner's control and may differ from Owner's privacy policy and terms and conditions of service and you should read the privacy policies and terms and conditions of service of those vendors carefully. The use of any information that you may provide to any other party, or the use of "cookie" technology by any other party, will be governed by the privacy policy and terms and conditions of service of the operator of the other site that you are visiting.  In some cases these other parties may share the information that they collect about you with Owner.  If you have any doubts about the privacy or security of the information you are providing on another site or about their privacy policy and terms and conditions of service, Owner recommends that you contact that site directly for more information and review their privacy policy and terms and conditions of service. Owner is not now and never will be responsible for the actions of such other parties in any manner whatsoever, including but not limited to any violation of such privacy policies, terms and conditions of service or otherwise. 
3.	Your Rights to Opt Out and Change or Delete Your Information:  By becoming a member, you agree to the terms of Owner's use of the information as set forth above.  You will not have an option to exclude your information.  You may change the information you provide by accessing your account or by sending Owner email at the address indicated below. 
4.	Owner's Rights To Change.  Owner may change this privacy policy or any aspect of it by publicly posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this privacy policy.   Notwithstanding anything else in this privacy policy, Owner may release information when Owner believes that such release is reasonably necessary to (1) comply with law, (2) enforce or apply terms of any of agreement between you and Owner including but not limited to this agreement, or (3) protect the rights, property or safety of Owner, other users, or others.
5.	General Provisions.  Please keep in mind that whenever you voluntarily disclose personal information online including but not limited to on The Site (for example on message boards, through email, or in chat areas), that information is publicly available and is not private can be collected and used by Owner and by other parties and may result in unsolicited messages or other communications with you.   Owner does not guarantee the security of any information you post.
6.	Miscellaneous.  The Site is provided by Owner, who is located at 1830 Lincoln Blvd, Santa Monica, CA 90404, email info@sportsknack.com and the name of Owner's agent is Cariel Cohen located at info@sportsknack.com.  If you have any complaints about The Site, you can contact Owner at the above email or other address.  If you believe your copyright rights have been violated, you should notify Owner's Designated Agent.  Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.  This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable.   This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement.  This agreement including but not limited to the Rules Relating To Membership shall bind and benefit each of your and Owner's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply.  Captions are for ease of reading only and are not substantive.  A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach.  All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner's exercise of any other rights or remedies available to Owner.  Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Los Angeles, California and Owner shall be entitled to injunctive relief.  You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs.  In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement.  All of the provisions of this agreement shall survive the termination of this agreement for any reason.
7.	Effective Date:  The effective date for this privacy policy is May 18th, 2008 and was last updated on May 18th, 2008.

RULES RELATING TO MEMBERSHIP

The following rules relate to your membership in sportsknack.com.  These rules are subject to change at any time by Sports Knack, Inc. ("Owner") by posting on this web site ("The Site") but without individual notice to you.   These rules are subject to and made a part of the Membership Agreement and Privacy Policy to which you must agree to become a member.  Additional rules may apply subject to manufacturer or distributor requirements and any such additional rules are binding upon you.  The term "The Equipment" shall refer to any kind of equipment you obtain from Owner.
1.	In your "free trial" period, you shall only be entitled to use one (1) piece of equipment ("The Equipment") for no more than one (1) day. However, Owner reserves the right to cease offering any "free trial" periods at any time without individual notice to you.
2.	 Equipment is reserved on a per day basis, a "Rental Day" is defined by the "open for business hours" of the rental location in question, where the equipment will be picked up and returned, often from 10:00 AM to 6:00 PM.
a.	All memberships include access to the online training sessions (when available).  OWNER IS NOT RESPONSIBLE FOR THE CORRECTNESS OF ANY INFORMATION CONTAINED IN THOSE TRAINING SESSIONS.
3.	The minimum membership term is one (1) month and you will be charged month to month for your membership dues, every month in advance, since the moment you sign up.  All membership fees and other charges are non-refundable even if you cancel your membership.  Membership fees are billed at the start of the membership period and will be automatically renewed unless you notify Owner to cancel the same before such automatic renewal.  If you elect to cancel, Owner shall charge you for any outstanding amounts and you may not cancel until all The Equipment is satisfactorily returned to Owner.  Fees are subject to change by Owner by posting on The Site but without individual notice to you.  
4.	Reservations must be canceled 48 hours in advance to avoid a cancellation charge equivalent up to two full days of rental fees. Membership fees are NON REFUNDABLE.
5.	All reservations must be made at least one (1) day in advance of picking The Equipment up.  Reservations may only be made via this web site.  You must call Owner on the way to pick up The Equipment at least 15 minutes in advance to pickup.  Call (866) 529-0090 and follow the prompts for pickup and enter your reservation number. Otherwise, you must wait to receive The Equipment.  At the time of pickup, your credit card will be authorized for an amount equal to the rental fees, as a security deposit, and increments of $100 for more expensive equipment, such amount will be debited to your said card, less any damages as indicated herein.  The Equipment is available on a first come, first serve basis and Owner does not guarantee that any of The Equipment will be always available.
6.	All of The Equipment must be returned to Owner in the same condition The Equipment was in when provided to you.  You are responsible for any damages according to this schedule, all of which are subject to the sole determination of Owner:
i.  Minor damage including dings: $50.00 (i.e. Small Rail Dings)
ii. Medium damage or breakage: $100.00 (i.e. Medium Rail Dings, Fin Box Breakage)
iii. Major damage or breakage: Full MSRP of The Equipment. (i.e. Nose Breakage, Tail Breakage, Major Rail Breakage, etc...)
iv. A Twenty Dollar ($20) Cleanup Fee applies when equipment is returned with excessive dirt, sand, or generally unclean.
7.	YOU ARE USING ALL OF THE EQUIPMENT AT YOUR OWN RISK.  YOU HEREBY WAIVE, RELINQUISH AND GIVE UP THE RIGHT TO MAKE ANY CLAIMS OF ANY SORT INCLUDING BUT NOT LIMITED TO CLAIMS AS TO NEGLIGENCE, BREACH OF WARRANTIES, RECKLESSNESS OR ANY OTHER CLAIMS AND WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, AGAINST OWNER OR ANY OTHER PARTY ARISING OUT OF THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE USE OF ANY OF THE EQUIPMENT.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE USE OF THE FOLLOWING OF THE EQUIPMENT INVOLVES THE FOLLOWING RISKS AND YOU AGREE THAT YOU ASSUME ALL OF THOSE RISKS.  THE LISTING OF ANY OF THESE RISKS IS NOT INTENDED TO BE A LISTING OF ALL OF THE RISKS AND YOU ARE SUBJECT TO AND AGREE TO ASSUME ALL RISKS WHETHER OR NOT LISTED.
8.	YOU HEREBY AGREE AND UNDERSTAND THAT SURFING, SKIING, SNOWBOARDING, SKATING, BIKING AND RELATED ACTIVITIES ARE HAZARDOUS AND THAT INJURIES ARE COMMON AND ORDINARY OCCURENCES DURING THESE ACTIVITIES. AND THAT YOU ASSUME ALL RISKS OF DEATH OR OF INJURY TO ANY PART OF YOUR OR THE USER'S BODY WHILE USING THIS EQUIPMENT.
9.	YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO FOREVER RELEASE AND HOLD HARMLESS THE OWNER, HIS SHOWROOM, ALL PARTICIPATING SHOPS AND ALL MANUFACTURERS AND DISTRIBUTORS OF THE RENTAL EQUIPMENT, AS WELL AS THEIR OWNERS, AGENTS, EMPLOYEES AND AFFILIATED COMPANIES, FROM ANY AND ALL RESPONSIBILITY OR LEGAL LIABILITY FOR ANY INJURIES, DAMAGES, OR DEATH TO ANY USER OF ANY EQUIPMENT LISTED ON THIS FORM, RESERVED VIA OUR WEBSITE, OR PHONE CALL, WHETHER RESULTING FROM NEGLICENCE OR ANY OTHER CAUSE. YOU FURTHER AGREE THAT YOU WILL DEFEND AND INDEMNIFY THE OWNER IF ANY CLAIM OR ACTION IS PURSUED FOR ANY INJURIES, DAMAGES, OR DEATH RELATING TO ANY ACTIVITIES INVOLVING THE USE OF THIS EQUIPMENT.
10.	I ACCEPT THIS EQUIPMENT "AS IS" AND WITH NO WARRANTIES, EXPRESS OR IMPLIED, BEYOND THOSE STATED IN THIS AGREEMENT, AND IN THE MANUFACTURERS WRITTEN LIMITED WARRANTY, IF ANY.
Surfboards: collisions with other surfboards, other surfers, the ocean floor, ocean debris, rocks, driftwood, logs, floating objects, sea animals and other objects; skin irritations and abrasions, ear infections or other ailments; weather conditions, surf conditions including but not limited to undertows and tides, air and water temperature; dangers on the shore of any kind.
IF YOU DO NOT AGREE WITH AND ACCEPT ALL OF THE FOREGOING PROVISIONS, DO NOT SIGN UP FOR THE SITE.  BY CLICKING ON THE "I HAVE READ AND ACCEPT THIS MEMBERSHIP AGREEMENT AND PRIVACY STATEMENT AND RULES RELATING TO MEMBERSHIP" AND/OR SIGNING THE BOARD RECEIPT PAGE YOU ARE CREATING A LEGALLY BINDING CONTRACT BETWEEN YOU AND OWNER.
11.	Effective Date:  The effective date for the Rules elating to Membership is May 18th, 2008 and was last updated on March 14th, 2009.

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