Terms and Conditions
Welcome to the Virtual Supply, Inc (together with its affiliates, “Virtual Supply”) website, which include but are not limited to www.virtualsupply.com, https://shop.surfboard.com/, https://outlet.surfboard.com/, and all related services, content, functionality, and transactions offered by Virtual Supply (each, a “Site” and collectively the “Sites”).
These Terms and Conditions (the “Terms”) govern your access to and use of the Sites. The Sites are available for your use only on the condition that you agree to the Terms set forth below. If you do not agree to all of the Terms, do not access or use the Sites. By accessing or using the Sites, you and the entity you are authorized to represent (“You” or “Your”) signify your agreement to be bound by the Terms.
The Sites are provided by Virtual Supply and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Sites.
Scope of Terms
These Terms govern Your use of the Sites and all applications, software, and services (collectively “Services”) available on the Sites, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Sites (“Service Agreement(s)”). Any such Service Agreement accompany the applicable Services.
Changes to Terms or Services
We reserve the right to update or modify these Terms at anytime in our sole discretion. Your continued usage of the Sites after any changes to these Terms will mean You accept those changes. Any aspect of the Sites may be changed, supplemented, deleted, or updated without notice at the sole discretion of Virtual Supply. Virtual Supply may establish or change, at any time, general practices and limits concerning other Virtual Supply products and services in its sole discretion.
We make available an online platform that allows you to purchase products, mainly consumer electronics and accessories (“Products”). Through the Services you will be able to browse our Products and place orders.
Information Submitted Through the Site and the Services
If you want to use certain features of the Site, including purchasing products online, you will have to create an account (“Account”) and provide your name and email address.
Your submission of information through the Sites and the Services is governed by these Terms. You represent and warrant that any information You provide through the Sites or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.
With respect to any individual whose personal information is provided by You to Virtual Supply through the Sites and the Services, You represent to Virtual Supply that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
Shipment Confirmation and Delivery
All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
You agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted.
Cancellation, Return, and Exchange Policies
Cancellation, return, and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable.
Errors, Inaccuracies, and Omissions
We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
Cancellation of Orders
We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
Links to Third-Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. If you use the links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Alerts and Notifications
As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the email you receive.
License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Sites and its contents (the “Content”) are the sole property of Virtual Supply, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Sites are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Sites are trademarks, service marks or trade dress ("Marks") of Virtual Supply, its affiliates or other entities that have granted Virtual Supply the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Virtual Supply. Except as otherwise expressly authorized by these Terms, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Sites in any way without Virtual Supply’s or the appropriate third party's prior written permission. Except as expressly provided herein, Virtual Supply does not grant to You any express or implied rights to Virtual Supply’s or any third party's Intellectual Property.
You are solely responsible for all your user content (“User Content”). User Content means any content that Account holders or other users of the Services (including you) provide to be made through the Services or transmit to us through the Services (including by email). You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By using the Services, you agree not to submit to or share any User Content that:
- is false, fraudulent, inaccurate, or misleading;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Virtual Supply), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Virtual Supply in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Virtual Supply;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Virtual Supply, its related entities, employees, and agents;
- violates any policy posted on the Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Sites or our partners.
Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary.
We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us via email or phone. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: "Payment", "Cancellation, Return and Exchange Policies", "Errors, Inaccuracies and Omissions", "Cancellation of Orders", "License and Ownership”, “Responsibility", "Links to Third-Party Websites or Resources", "Indemnification", "Limitation of Liability", "Governing Law", and "General Information".
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Virtual Supply, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of, related to, or in connection with your violation of these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT VIRTUAL SUPPLY IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, VIRTUAL SUPPLY IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIRTUAL SUPPLY, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITES, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIRTUAL SUPPLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
These Terms and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of laws provisions.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You may not assign these Terms or any of Your interests, rights, or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.