Website Terms of Use

 

1.     Your Acceptance

Welcome to the Terms of Service for 7TILL8.com and any associated services. This is an agreement (“Agreement”) between, 7TILL8 Wetsuits (“7TILL8”), the owner and operator of www.7TILL8.com (the “Site”), any 7TILL8 services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.

Throughout this Agreement, the words “7TILL8,”  “us,”  “we,” and “our,” refer to our company, 7TILL8 Wetsuits and our Site or any Services, as is appropriate in the context of the use of the words.   By using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.  Users of our Site and Service must be at a minimum 13 years of age or older.   Users must be 18 years or older to purchase any of our products or Services.

2.     Assumption of Risk and Disclaimer

Use of any 7TILL8 products may involve certain inherent risks, dangers and hazards, which can result in serious personal injury or death. In using this product you freely agree to assume and accept any and all known and unknown risks of injury while using our products.  If you are under the age of 18 years do not use our products without the clear consent from a parent or guardian and the correct supervision. As a condition of purchase and before purchasing any products offered by 7TILL8, you agree to indemnify and hold harmless 7TILL8, its officers, directors, employees, shareholders,  affiliates, agents, successors or assigns from any and all liability, causes of action, claims, demands, costs or debts of any kind or nature, incurred or arising from or out of the purchaser’s or other’s use of any 7TILL8 products on water or land, or any other place or surface whether brought by the purchaser of our products or, his/her heirs, executors or assignees or by third parties.

3.     User Accounts

In order to access portions of our Site, you may be required to create an account. You may be required to submit personally identifiable information to create an account and such information shall be disclosed in accordance with our Privacy Policy.

Please keep your account information safe and confidential, as you will be solely responsible for all access to and use of this Site by anyone using your account, including without limitation any transmissions or purchases through such access or use.   Please notify us immediately if you discover any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

4.     Payment

In order to purchase any 7TILL8 products you will be required to provide us with your credit card information.  BY CLICKING PURCHASE OR SUBMITTING YOUR CREDIT CARD INFORMATION YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD FOR THE AMOUNT LISTED AT THE PAYMENT SCREEN. Please be aware that all credit card information will be shared with our third party payment processor NDMS.  Please read and agree to NDMS’ terms of service and privacy policy before purchasing any products from us.  Please be aware that NDMS will store, process, and secure your payment information. If you have any issues with payment do not hesitate to contact us at info@7TILL8.com.

5.     Warranty

At 7TILL8 we are proud of the products we make and stand behind our manufacturing processes. For any manufacturer defects or issues due to our manufacturing process, we offer unconditional returns or refunds including return shipping costs.  If you believe that there has been an issue with the manufacturing of your 7TILL8 product, please contact us immediately at info@7TILL8.com.

6.     Refunds, Returns, and Issues

Refunds for Unused or Unworn Products

At 7TILL8 we want you to be satisfied with our products; however as the products made and sold by us are custom-made we cannot always offer refunds.  If you have an issue with your unused or unworn product within 30 days of receiving it, please contact us at info@7TILL8.com.  We will work with you to find a solution that works for you.  Please be aware that although we may offer a refund or return on unused or unworn products, all such refunds and returns are at our sole discretion.  Nothing in this Agreement obligates us to offer you a refund or return unless stated otherwise.

Issues With Used Products

For any issues with our products or returns for used products not covered under warranty, please contact us at info@7TILL8.com.  Although we may offer you a return or repair for your product, please be aware that any such returns or repairs are at our sole discretion.  Nothing in this Agreement obligates us to process a return or repair for you in the event that you have an issue unless stated otherwise.

Incorrect Measurements

As the products made by us our customized to your size, we ask you to measure carefully before submitting an order. In the event that there has been a user measurement error in the sizing of your product, we advise you to go to a local surf shop to have it repaired or resized. If there are no surf shops in your area that repair wetsuits, you can send your 7TILL8 products back to us and we’ll repair or remake any incorrect measurements.  For any incorrect user measurements, we will provide you with a $50 resizing credit; however, you must pay for any additional resizing costs.

Return Shipping

Shipping costs will be paid for by you, for any returns or repairs not covered under warranty.

7.     Product Description

7TILL8 attempts to be as accurate as possible when describing the products sold on our Site and Service. However, we do not warrant or represent that the product descriptions or other content of our Service is accurate, complete, reliable, current, or error-free.

8.     Product Availability

Although we hope to meet all our user demands, we cannot guarantee at any time that our products are or will be available.  Due to product demands, 7TILL8 products may not be available at all times.  If no products are available we will contact you and inform you of our product availability and projected delivery times.  Although our products may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship 7TILL8 products to you when they become available.

9.     Shipping

You will be notified of your shipping options at the time of payment.  Please be aware that any shipping and delivery times listed at the checkout screen are to be used as an estimate only.  If you are having any 7TILL8 products shipped internationally please allow for more time as it may take longer for your products to be processed and shipped.  All items purchased from 7TILL8 are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you have any questions about your estimated delivery time please contact us at info@7TILL8.com.

10.  Taxes

You agree that we may charge you taxes such as sales tax or international duties for any purchases through our Site and Service.  If we fail to charge you sales tax, you agree to pay any applicable sales tax or other taxes as required by your local laws and ordinances.  You agree that we are not responsible for providing you with advice in regards to your tax liabilities.

11.  Contact Information

If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us.  You may contact us by email at info@7TILL8.com. We are standing by to answer your questions and hope to provide you quality assistance.

12.  Modification of Service

We reserve the right to alter, update, or remove our Service at any time.  We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

13.  Our License Grant to You

We make our Service available to you through our Site.  When you use our Service, we grant you a, personal, non-exclusive, revocable, limited license to use our Service, access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.

This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy.  Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of 7TILL8 or if your activities are in violation of any applicable laws.  If you wish to terminate this license please simply stop using our Service or notify us.

14.  Use of 7TILL8

You are responsible for your use of 7TILL8, and for any use of 7TILL8 made using your account. You also agree that your use of 7TILL8 is for personal non-commercial use. You agree not to access, copy, or otherwise use 7TILL8, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by 7TILL8. Specifically you agree that:

You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;

You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;

You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

You will not collect or harvest any personally identifiable information, including account names, from the Service;

You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;

You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;

You agree that you will not hold 7TILL8 responsible for your use of our Site or any products sold on our Site;

You agree not to violate any requirements, procedures, policies or regulations of networks connected to 7TILL8;

You agree not to interfere with or disrupt the Site or Service;

You agree not to hack, spam or phish us or other users;

You agree to provide truthful and accurate information;

You agree to not violate any law or regulation and you are responsible for such violations;

You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;

You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but 7TILL8 reserves the right to suspend or terminate any account at any time without notice or explanation.

15.  Site Availability

We do not guarantee that the Site will always be available, work, or be accessible at any particular time.  Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.

16.  Intellectual Property Rights and License Grant For Your Content

The design of the 7TILL8 Site along with 7TILL8 created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to 7TILL8 Wetsuits, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. 7TILL8 reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

By uploading, transmitting, posting or otherwise making available any material via the Site, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose.

17.  Representations and Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS SOLD BY 7TILL8, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS UNLESS OTHERWISE STATED IN THIS AGREEMENT.  ASIDE FROM ANY WARRANTIES CONTAINED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER 7TILL8 WETSUITS NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY PRODUCTS SOLD; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO 7TILL8 OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.

7TILL8 DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. 7TILL8 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. 7TILL8 DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND 7TILL8 SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 7TILL8 SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY PRODUCTS PURCHASED OR FOUND ON OR THROUGH THE 7TILL8 SITE.

18.  Limitations and Liability and Release

IN NO EVENT WILL 7TILL8, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE OR ANY PRODUCTS OR SERVICES OFFERED, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE OR FOR THE USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT 7TILL8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ADDITIONALLY, YOU AGREE TO Waive any and all claims that you have or may in the future have against 7TILL8, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS resulting from use of OUR productS and any of its components. YOU AGREE TO RELEASE 7TILL8 from any and all responsibility and liability for any loss, damage, expense, accidents and/or injury to people, objects and/or product which may occur as a result of the use of the product, due to any cause whatsoever, including negligence or breach of contract on the part of 7TILL8 in the design or manufacture of this produc T. THE FOREGOING LIMITATIONS OF LIABILITY AND RELEASE DO NOT APPLY TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE ANY PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.  YOUR ABILITY TO USE OUR SITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, PRODUCTS, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS THROUGH THIS AGREEMENT OR OTHER RETURN OR REFUND POLICIES LISTED ON OUR SITE.

19.  Indemnity

You agree to defend, indemnify and hold harmless 7TILL8 its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

your use of and access to the 7TILL8 Site and Service;

your violation of any term of these Terms of Service;

any claim that our products caused damage, loss, injury, or harm to you or a third party.

This defense and indemnification obligation will survive this Agreement and your use of the 7TILL8 Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

20.  Choice of Law

This Agreement shall be governed by the laws in force in the state of California.  The offer and acceptance of this contract is deemed to have occurred in California.

21.  Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Los Angeles County, California.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

22.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

23.   Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, 7TILL8 shall have the sole right to elect which provision remains in force.  This Agreement is deemed to be the entire Agreement between you and 7TILL8.

24.  Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

25.  Termination of Your Service

If we determine that any of your actions may harm 7TILL8, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases.   Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.

26.  Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

27.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.

28.  California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about 7TILL8 must be addressed to our agent for notice to:  Agent of 7TILL8, 14710 S Maple Ave, Gardena, CA 90248

Lastly, California users are also 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 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

29.  Electronic Communications

The communications between you and 7TILL8 use electronic means, whether you visit the Site or Service or send 7TILL8 e-mails, or whether 7TILL8 posts notices on the Site or Service or communications with you via e-mail.  For contractual purposes, you (1) consent to receive communications from 7TILL8 in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that 7TILL8 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

Last Updated: 08/04/2016