ONLINE SURF ACADEMY Terms of Use

Version 1.0
Effective Date: 07/05/2021
Last Updated Date: 07/05/2021 

 

Welcome to Online Surf Academy! Please read this terms of use agreement (the “terms of use”) carefully.

By accessing or using this website or any other websites of Online Surf Academy, co. ( “Online Surf Academy” or “we”) with links to this terms of use (collectively, the “website”) in any way, including using the services and resources available or enabled via the website (each a “service” and collectively, the “services”) by Online Surf Academy or users of the site (“users”), clicking on the “I accept” button, completing the registration process, and/or merely browsing the website, or by downloading our mobile application (“application“), you represent that (1) you have read, understand, and agree to be bound by the terms of use, (2) you are of legal age to form a binding contract with Online Surf Academy, and (3) you have the authority to enter into the terms of use personally or on behalf of the entity you have named as the user, and to bind that entity to the terms of use. The term “you” refers to the individual identified as the user when you registered with us. If you do not agree to be bound by the terms of use, you may not access or use this website or the services.

The terms of use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than jury trials. 

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If this Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

Online Surf Academy knows that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.

PLEASE NOTE THAT This agreement is subject to change by Online Surf Academy in its sole discretion at any time. When changes are made, Online Surf Academy will make a new copy of this Agreement available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of this Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to this Agreement will be effective immediately for new Users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (as defined below). Online Surf Academy may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Services.

1.1 Our Services. Online Surf Academy contracts with Coaches to provide instructor services (”Instructors“) to students interested in exploring more, getting better faster and sharing experiences (“Students“). Together, Instructors and Students are referred to herein as ” Users“. We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that a User takes based on his or her relationship with another User, any offers or advice included on the Services, and any interaction therewith (including any failure of any such third party to take any action).

1.2 Maps. Certain features of the Services require access to and use of your device’s maps features or other third party maps. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such maps and application.

1.3 Sharing Information. Our Services are designed for Users to contact and communicate with the Instructor or Student with which they are associated. You acknowledge and agree that when you use the Services to connect with another User, we may share any data or personal information provided by, or obtained from, you, with such User, and we do not and will not control how the User may use such information.

2. Responsibility for Content.

2.1 Types of Content. You acknowledge that all recordings, and other information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) accessible through the Online Surf Academy Properties is the sole responsibility of the party from whom such Content originated. When we use the phrase ”ONLINE SURF ACADEMY Properties,” we mean the Application, the Website, the Services, and the information and content available on any of the foregoing. This means that you, and not Online Surf Academy, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Online Surf Academy Properties (“Your Content”), and other Users of the Online Surf Academy Properties, and not Online Surf Academy, are similarly responsible for all Content they Make Available through the Online Surf Academy Properties (“User Content”).

2.2 License to Your Content.

(a) You grant Online Surf Academy a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, derive revenue or other remuneration from, communicate to the public, and other exploit in any way, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You agree that the license granted above includes the right for Online Surf Academy to provide, promote, and improve the Services and to make Content submitted to or through the Services available offline or to other companies, organizations or individuals who partner with Online Surf Academy for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. You agree that you, not Online Surf Academy, are responsible for all of Your Content that you Make Available on or in the Online Surf Academy Properties and our use thereof. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content by us in accordance with this Agreement. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. If you want to publish Content of someone other than yourself, you must get permission from the individuals portrayed in the Content before using the content through our Services. The above licenses will continue unless and until you specifically remove the specific elements of Your Content from the Online Surf Academy Properties, in which case the licenses will terminate within a commercially reasonable period of time after such deletion. Termination of your account does not terminate the foregoing license.

2.3 No Obligation to Pre-Screen Content. You acknowledge that Online Surf Academy has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Online Surf Academy reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Online Surf Academy pre-screens, refuses or removes any Content, you acknowledge that Online Surf Academy will do so for Online Surf Academy benefit, not yours. Without limiting the foregoing, Online Surf Academy shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

2.4 Storage. Unless expressly agreed by Online Surf Academy in writing elsewhere, Online Surf Academy has no obligation to store any of Your Content that you Make Available on the Online Surf Academy Properties. Online Surf Academy has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Online Surf Academy Properties. You agree that Online Surf Academy retains the right to create reasonable limits on Online Surf Academy use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Online Surf Academy in its sole discretion.

2.5 Display. We reserve the right to commercialize Your Content in any way, including by including advertising in and around Your Content. As we do not control any advertising, you hereby agree and acknowledge to the juxtaposition of any advertising around Your Content. In addition, you acknowledge and agree that you will have no right to any revenue or fees we may obtain or receive in connection with Your Content. We may modify, create derivative works of, or adapt your Content in order to transmit, display or distribute it over computer networks and in various or different media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

2.6 Your Content. In connection with your use of the Online Surf Academy Properties, you shall not Make Available any Content that: (a) you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (b) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (c) is unlawful, tortious, defamatory, vulgar, obscene, libellous, or racially, ethnically or otherwise objectionable; (d) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (g) promotes illegal activities.

3. Application.

3.1 Application License. Subject to your compliance with this Agreement, Online Surf Academy grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

3.2 Media Uploads. Certain features of the Services through the website require access to and use of your device’s contacts or media storage applications (e.g., to use a photo in your image gallery. You hereby authorize the website to access such components of your device. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES MEDIA MAY BE SENT FROM YOUR DEVICE TO ONLINE SURF ACADEMY AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you upload will be part of Your Content (as defined below).

4. Use of the Services and Online Surf Academy Properties.

4.1 Usage. The Online Surf Academy Properties are protected by copyright laws throughout the world. Subject to this Agreement, Online Surf Academy grants you a limited license to reproduce portions of the Online Surf Academy Properties for the sole purpose of using the Services for your personal purposes or professional purposes.

4.2 Updates. You understand that the Online Surf Academy Properties are evolving. As a result, Online Surf Academy may require you to accept updates to the Online Surf Academy that you access on your computer or mobile device. You acknowledge and agree that Online Surf Academy may update the Online Surf Academy Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Online Surf Academy Properties.

4.3 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Online Surf Academy Properties or any portion of the Online Surf Academy Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Online Surf Academy Properties (including images, text, page layout or form) of Online Surf Academy; (c) you shall not use any metatags or other “hidden text” using Online Surf Academy’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Online Surf Academy Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Online Surf Academy Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Online Surf Academy Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Online Surf Academy Properties. Any future release, update or other addition to the Online Surf Academy Properties shall be subject to this Agreement. Online Surf Academy, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Online Surf Academy Properties terminates the licenses granted by Online Surf Academy pursuant to this Agreement.

4.4 Third-Party Materials. As a part of the Online Surf Academy Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Online Surf Academy to monitor such materials and that you access these materials at your own risk.

5. Registration.

5.1 Registering Your Account. In order to access certain features of the Online Surf Academy Properties you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a User who has registered an account with Online Surf Academy (“Account”) through which he or she connects to the Services and become a Registered User (each such account, a “Third-Party Account”).

5.2 Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are of legal age to form a binding contract, or are doing so with the consent and permission of a parent or legal guardian; and not a person barred from using the Online Surf Academy Properties. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Online Surf Academy immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Online Surf Academy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Online Surf Academy has the right to suspend or terminate your Account and refuse any and all current or future use of the Online Surf Academy Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Online Surf Academy reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Online Surf Academy if you have been previously removed by Online Surf Academy, or if you have been previously banned from any of the Online Surf Academy Properties.

5.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Online Surf Academy Properties, including but not limited to, a mobile device that is suitable to connect with and use the Online Surf Academy Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Online Surf Academy Properties.

6. Ownership.

6.1 Online Surf Academy Properties. You agree that Online Surf Academy and its suppliers own all rights, title and interest in the Online Surf Academy Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Online Surf Academy Properties.

6.2 Trademarks. Online Surf Academy and other related graphics, logos, service marks and trade names used on or in connection with the Online Surf Academy Properties or in connection with the Services are the trademarks of Online Surf Academy and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Online Surf Academy Properties are the property of their respective owners.

6.3 Other Content. You agree that you have no right or title in or to any Content that appears on or in the Online Surf Academy Properties.

6.4 Your Content. Online Surf Academy shall own all Content made available through the Online Surf Academy Properties. Notwithstanding the foregoing, Online Surf Academy grants to you a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

6.5 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Online Surf Academy.

6.6 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Online Surf Academy through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Online Surf Academy has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Online Surf Academy a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Online Surf Academy Properties.

7. User Conduct.

7.1 Unauthorized Use or Access. You agree that you will not, under any circumstances:

(a) Interfere or attempt to interfere with the proper functioning of the Online Surf Academy Properties or connect to or use the Online Surf Academy Properties in any way not expressly permitted by this Agreement;

(b) Systematically retrieve data or other content from our Online Surf Academy Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;

(c) Use, display, mirror or frame the Online Surf Academy Properties, or any individual element within the Online Surf Academy Properties, Online Surf Academy’s name, any Online Surf Academy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Online Surf Academy’s express written consent;

(d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Online Surf Academy Properties or that is in transit from or to the Online Surf Academy Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Online Surf Academy Properties;

(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Online Surf Academy Properties, whether through the use of a network analyzer, packet sniffer or other device;

(f) Make any automated use of the Online Surf Academy Properties, or take any action that imposes or may impose (in Online Surf Academy’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Online Surf Academy Properties;

(g) Bypass any robot exclusion headers or other measures Online Surf Academy takes to restrict access to the Online Surf Academy Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl the Online Surf Academy Properties, or harvest or manipulate data;

(h) Use, facilitate, create, or maintain any unauthorized connection to the Online Surf Academy Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Online Surf Academy Properties; or (ii) any connection using programs, tools or software not expressly approved by Online Surf Academy;

(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Online Surf Academy Properties, or to obtain any information from the Online Surf Academy Properties;

(j) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Online Surf Academy Properties;

(k) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(l) Solicit or attempt to solicit personal information from other Users of the Online Surf Academy Properties;

(m) Use the Online Surf Academy Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(n) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Online Surf Academy Properties to send altered, deceptive or false source-identifying information; or

(o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

7.2 General . In connection with your use of the Online Surf Academy Properties, you shall not:

(a) Harm minors in any way;

(b) Impersonate any person or entity, including, but not limited to, Online Surf Academy personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

(d) Register for more than one Account or register for an Account on behalf of an individual other than yourself;

(e) Stalk or otherwise harass any other User of our Online Surf Academy Properties; or

(f) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

8. Investigations.

Online Surf Academy may, but is not obligated to, monitor or review the Online Surf Academy Properties and Content at any time. Without limiting the foregoing, Online Surf Academy shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates this Agreement or any applicable law. Although Online Surf Academy does not generally monitor user activity occurring in connection with the Online Surf Academy Properties or Content, if Online Surf Academy becomes aware of any possible violations by you of any provision of this Agreement, Online Surf Academy reserves the right to investigate such violations, and Online Surf Academy may, at its sole discretion, immediately terminate your license to use the Online Surf Academy Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you. As a result of any investigation, we may label Your Content in the future as having possibly sensitive content and including a warning message with such Content.

9. Interactions with Other Users.

9.1 User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Online Surf Academy reserves the right, but has no obligation, to intercede in such disputes. You agree that Online Surf Academy will not be responsible for any liability incurred as the result of such interactions.

9.1 User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Online Surf Academy reserves the right, but has no obligation, to intercede in such disputes. You agree that Online Surf Academy will not be responsible for any liability incurred as the result of such interactions.

9.2 Your Content. Online Surf Academy is not responsible for and does not control how other Users use Your Content once exported or downloaded from the Online Surf Academy Properties. Any such use of Your Content by such other Users (including any modification or derivative works thereof) is not subject to this Agreement. Online Surf Academy has no way to review or monitor, and does not approve, endorse or make any representations or warranties with respect to the use of Your Content. You provide Your Content at your own risk.

9.3 Content Provided by Other Users. The Online Surf Academy Properties may contain User Content provided by other Users. Online Surf Academy is not responsible for and does not control User Content. Online Surf Academy has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. We may delete User Content in our discretion.

9.3 Content Provided by Other Users. The Online Surf Academy Properties may contain User Content provided by other Users. Online Surf Academy is not responsible for and does not control User Content. Online Surf Academy has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. We may delete User Content in our discretion.

10. Third-Party Services.

The Online Surf Academy Properties may contain links to third-party websites ( “Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Online Surf Academy Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Online Surf Academy. Online Surf Academy is not responsible for any Third-Party Websites & Ads. Online Surf Academy provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

11. Payments.

11.1 Students. As a Student, you agree to pay all fees for “Online Surf Academy” in which you enroll or other Services charged to your Account. The fees that Online Surf Academy charges for using its Services are listed when you book a Online Surf Academy We may change our fees from time to time by posting the changes on the Online Surf Academy Properties. Students must provide Online Surf Academy with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (”Payment Provider“). Your Payment Provider agreement governs your use of the designated credit card. By providing Online Surf Academy with your credit card number and associated payment information, you agree that Online Surf Academy, and its third party payment processor (currently, Stripe), are each authorized to immediately invoice your Account for all fees and charges due and payable to Online Surf Academy hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or credit card used for payment hereunder. Online Surf Academy has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, for instance to correct any errors made by Online Surf Academy, in each case at Online Surf Academy’s sole discretion. You will be liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on Online Surf Academy’s income).

11.2 Instructors. If you are an Instructor, instructor compensation becomes payable to Instructor in accordance with your Instructor Agreement. Following Online Surf Academy’s receipt of applicable payments, Online Surf Academy will (via Stripe) remit to you such instructor compensation agreed to in your Instructor Agreement. In cases of fraud, abuse or violation of this Agreement, Online Surf Academy reserves the right to revoke any payments and instruct Stripe to hold and/or reclaim from Stripe all Instructor fees due to Instructor. In addition, Online Surf Academy reserves the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment or withdrawals, or if we discover erroneous or duplicate transactions. You agree that we have the right to obtain such reimbursement by instructing Stripe to charge your account offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements or chargebacks is cause for termination of the applicable agreement.

11.3 Fees. In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Users changing from monthly to annual subscriptions will immediately be charged the annual fee and start a new billing period. You agree to pay the subscription fees, and other charges you incur in connection with your Online Surf Academy account, whether on a one-time or subscription basis. Online Surf Academy reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

11.4 Auto-Renewal. Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

11.5 Cancellation of Subscription. If you signed up on onlinesurfacad.wpengine.com, you may cancel your subscription by visiting your “My Orders” page and selecting “Cancel.” The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain, and you will be able to access it for the time you have paid. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. 

12. Indemnification.

You agree to indemnify and hold Online Surf Academy, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Online Surf Academy Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Online Surf Academy Properties or any other User’s Content; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Online Surf Academy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Online Surf Academy in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Online Surf Academy Properties.

13. Disclaimer of Warranties.

13.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ONLINE SURF ACADEMY PROPERTIES IS AT YOUR SOLE RISK, AND THE ONLINE SURF ACADEMY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ONLINE SURF ACADEMY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(a) Online Surf Academy PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ONLINE SURF ACADEMY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE ONLINE SURF ACADEMY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) ANY ONLINE SURF ACADEMY OR OTHER INTERACTIONS FACILITATED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (4) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Online Surf Academy  PROPERTIES OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ONLINE SURF ACADEMY PROPERTIES WILL BE CORRECTED.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE Online Surf Academy PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ONLINE SURF ACADEMY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ONLINE SURF ACADEMY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONLINE SURF ACADEMY OR THROUGH THE ONLINE SURF ACADEMY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13.2 From time to time, Online Surf Academy may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Online Surf Academy’s sole discretion. The provisions of this section apply with full force to such features or tools.

13.3 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ONLINE SURF ACADEMY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ONLINE SURF ACADEMY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

13.4 No Liability for Conduct of Other Users. WE MAKE NO WARRANTIES REGARDING THE ONLINE SURF ACADEMY SESSIONS, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY INSTRUCTORS, STUDENTS, OR OTHER USERS AND EACH OF THE FOREGOING ARE PROVIDED THROUGH US “AS IS.” INSTRUCTORS AND STUDENTS PARTICIPATE IN ONLINE SURF ACADEMY AT THEIR OWN RISK. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED.YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE Online Surf Academy FROM ANY AND ALL CLAIMS, DEMANDS, AND RIGHTS OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, WHICH ARE OR MAY BE BASED ON ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS, INCLUDING STUDENTS AND INSTRUCTORS.

14. Limitation of Liability.

14.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ONLINE SURF ACADEMY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SURF ACADEMY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ONLINE SURF ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ONLINE SURF ACADEMY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE Online Surf Academy PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ONLINE SURF ACADEMY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Online Surf Academy PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE ONLINE SURF ACADEMY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

14.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL ONLINE SURF ACADEMY PARTIES BE LIABLE TO YOU FOR MORE THAN TWENTY-FIVE DOLLARS (AU $50).

14.3 User Content. ONLINE SURF ACADEMY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

14.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONLINE SURF ACADEMY AND YOU.

14.5 EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Procedure for Making Claims of Copyright Infringement.

It is Online Surf Academy’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Online Surf Academy by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Online Surf Academy Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Online Surf Academy Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Online Surf Academy’s Copyright Agent for notice of claims of copyright infringement is as follows: Online Surf Academy., 10925 Pioneer Trail, Truckee, CA 96161.

16. Term and Termination.

16.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Online Surf Academy Properties, unless terminated earlier in accordance with this Agreement.

16.2 Prior Use. Notwithstanding the foregoing, if you used the Online Surf Academy Properties prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the Online Surf Academy Properties (whichever is earlier) and will remain in full force and effect while you use the Online Surf Academy Properties, unless earlier terminated in accordance with this Agreement.

16.3 Termination of Services by Online Surf Academy. Online Surf Academy has the right to modify, suspend or terminate any Services provided to you at any time without or without reason. You agree that all terminations for cause shall be made in Online Surf Academy’s sole discretion.

16.4 Termination of Services by You. If you want to terminate the Services provided by Online Surf Academy, you may do so by notifying Online Surf Academy at any time. Your notice should be sent, in writing, to Online Surf Academy’s address set forth below.

16.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that Online Surf Academy has no obligation to retain any information, files and Content associated with or inside your Account (or any part thereof), including Your Content following termination, and any termination of Services may involve deletion of Your Content associated therewith from our live databases. Online Surf Academy will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

17. Remedies.

17.1 Violations. If Online Surf Academy becomes aware of any possible violations by you of this Agreement, Online Surf Academy reserves the right to investigate such violations. If, as a result of the investigation, Online Surf Academy believes that criminal activity has occurred, Online Surf Academy reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Online Surf Academy is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Online Surf Academy Properties, including Your Content, in Online Surf Academy’s possession in connection with your use of the Online Surf Academy Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce this Agreement, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Online Surf Academy, its Users or the public, and all enforcement or other government officials, as Online Surf Academy in its sole discretion believes to be necessary or appropriate.

17.2 Breach. In the event that Online Surf Academy determines, in its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate for the Online Surf Academy Properties, Online Surf Academy reserves the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to Online Surf Academy) that you have violated this Agreement;

(b) Delete any of Your Content provided by you or your agent(s) to the Online Surf Academy Properties;

(c) Discontinue your registration(s) with the any of the Online Surf Academy Properties, including any Services or any Online Surf Academy community;

(d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(e) Pursue any other action which Online Surf Academy deems to be appropriate.

17.3 No Subsequent Registration. If your registration(s) with or ability to access the Online Surf Academy Properties, or any other Online Surf Academy community is discontinued by Online Surf Academy due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Online Surf Academy Properties or any Online Surf Academy community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Online Surf Academy Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Online Surf Academy reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

18. General Provisions.

18.1 Electronic Communications. The communications between you and Online Surf Academy use electronic means, whether you visit the Online Surf Academy Properties or send Online Surf Academy e-mails, or whether Online Surf Academy posts notices on the Online Surf Academy Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Online Surf Academy in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Online Surf Academy 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.

18.2 Release. You hereby release Online Surf Academy Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Online Surf Academy Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Online Surf Academy Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

18.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Online Surf Academy’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

18.4 Force Majeure. Online Surf Academy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

18.5 Compliance. If you believe that Online Surf Academy has not adhered to this Agreement, please contact Online Surf Academy by emailing us at info@surfcoachingwa.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

18.6 Limitations Period. YOU AND ONLINE SURF ACADEMY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE Online Surf Academy PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18.7 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section ( “Arbitration Agreement” ) carefully. It is part of your contract with Online Surf Academy and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by Online Surf Academy that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Online Surf Academy, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and Online Surf Academy may attempt to resolve the claim or dispute informally. If you and Online Surf Academy do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(d) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Online Surf Academy, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Online Surf Academy.

(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Online Surf Academy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ONLINE SURF ACADEMY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(i) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.

(j) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Online Surf Academy.

(k) Small Claims Court. Notwithstanding the foregoing, either you or Online Surf Academy may bring an individual action in small claims court.

(l) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(m) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Nevada County, California, for such purpose.

18.8 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Western Australia without giving effect to any principles that provide for the application of the law of another jurisdiction.

18.9 Notice. Where Online Surf Academy requires that you provide an e-mail address, you are responsible for providing Online Surf Academy with your most current e-mail address. In the event that the last e-mail address you provided to Online Surf Academy is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Online Surf Academy’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

18.10 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

18.11 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

18.12 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Support and Questions
We will respond to any questions regarding the Services and these Terms via info@surfcoachingwa.com.