Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access
to and use of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please
do not use this site.

Copyright

The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Sunwavesports. The collective
work includes works that are licensed to Sunwavesports. Copyright
2003, Sunwavesports. ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Sunwavesports or purchasing Sunwavesports products.
You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Sunwavesports or to
purchase Sunwavesports products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by Sunwavesports.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Sunwavesports used
in the site are trademarks or registered trademarks of Sunwavesports

Warranty Disclaimer

This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Sunwavesports disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchant ability and fitness for a particular purpose and
non-infringement. Sunwavesports does not represent or warrant that
the functions contained in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components. Sunwavesports does
not make any warrantees or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Sunwavesports shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Sunwavesports has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Sunwavesports product is mistakenly listed at an
incorrect price, Sunwavesports reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. Sunwavesports reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Sunwavesports shall
issue a credit to your credit card account in the amount of the incorrect
price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Sunwavesports without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.

Notice

Sunwavesports may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Sunwavesports.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Sunwavesports products) shall be in
the state or federal courts located in Los Angeles County, California. Any
cause of action or claim you may have with respect to the site (including but
not limited to the purchase of Sunwavesports products) must be
commenced within one (1) year after the claim or cause of action arises. Sunwavesports failure
to insist upon or enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. Sunwavesports may assign
its rights and duties under this Agreement to any party at any time without
notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Sunwavesports or other licensed employee, host,
or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.

Participation Disclaimer

Sunwavesports does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Sunwavesports is merely acting as
a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site. However, Sunwavesports reserves
the right to block or remove communications or materials that it determines to
be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to Sunwavesports in
its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Sunwavesports, its
officers, directors, employees, agents, licencors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Sunwavesports may
link to sites operated by third parties. However, even if the third party is
affiliated with Sunwavesports, Sunwavesports has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Sunwavesports. These linked sites are only for
your convenience and therefore you access them at your own risk.
Nonetheless, Sunwavesports seeks to protect the integrity of its web
site and the links placed upon it and therefore requests any feedback on not
only its own site, but for sites it links to as well (including if a specific
link does not work).