Terms of service

 

1. Your Rights And Obligations

1. 1. By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. 

   2. You may not order or obtain products or services from this website if you (i) do not agree to these terms, (ii) are not the older of (A) at least 18 years of age or (B) legal age to form a binding contract with Solana Surf Club, or (iii) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.

   3. These terms and conditions (these "Terms") apply to the purchase and sale of products and services through Solana Surf Club (the "Site"). These Terms are subject to change by Solana Surf Club (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

 

2. Order Acceptance and Cancellation

1. 1.  You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If we do not accept your order, you will not be charged.

3. Prices and Payment Terms

1. 1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

   2. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

   3. Terms of payment are within our sole discretion and valid payment information must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

4. No Warranty

1. 1. All products offered on this site are provided “as is” and we make no warranties whatsoever with respect to the products offered on this site, including, without limitation, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (iii) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

5. Limitation of Liability

1. 1. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (i) whether such damages were foreseeable, (ii) whether or not we were advised of the possibility of such damages and (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

   2. Our sole and entire maximum liability and your sole and exclusive remedy shall be limited to the actual amount paid by you for the products and services you have ordered through our site.

   3. The limitation of liability set forth in Section 5(b) shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

6. Force Majeure

1. 1. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.

7. Governing Law and Jurisdiction

1. 1.  This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Michigan.

8. No Waivers

1. 1.  The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Solana Surf Club.

9. Notices

1. 1. To You: We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

   2. To Us: To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Solana Surf Club 2745 Pontiac Lake Rd, Waterford, MI, 48328. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

10. Severability

1. 1.  If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

11. Entire Agreement

1. 1.  Our Website Terms of Use and Shipping and Refund Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Last Update: 01/06/2025