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June 1, 2009
This Website, http://www.zyndrome.com and http://www.zyndromestore.com ("Website") is hosted by Zyndrome Surf Company, and
its parent, subsidiaries and affiliates (collectively, "Zyndrome").
Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the
minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use any current
or future version of the Website or any other Zyndrome Website, you also will be subject to the terms and conditions of this Agreement.
Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make
your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this
We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other
communications (collectively, "Comments") sent to us, whether through the Website, e-mail, facsimile, U.S. Mail or other means, shall be
and remain the exclusive property of Zyndrome. Your submission of any such Comments shall constitute an irrevocable assignment to
Zyndrome of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As
such, Zyndrome and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for
any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us
any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as
stories, product ideas, computer code or original artwork.
Zyndrome is a trademark of Zyndrome Surf Company. Zyndrome, Latin Bodyboarder. com, Smaka Wax, and other marks indicated on
our Website are trademarks or registered trademarks of Zyndrome and its affiliates in the United States and other countries. All rights in
such names are hereby reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging,
trade dress and designs of all Zyndrome or third-party products or services, whether or not appearing in large print or with the
trademark symbol, belong exclusively to Zyndrome or their respective owners and are protected from reproduction, imitation, dilution, or
confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or
any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any
license or right under any patent or trademark of Zyndrome or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the
selection, coordination, and arrangement of such content, are owned by Zyndrome or its third-party licensor's to the full extent provided
under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from
copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any
purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Zyndrome or any third
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise
specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly
display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation,
or for any commercial or promotional purposes, without the express written consent of Zyndrome or its lawful successors and assigns.
For usage permission, please contact us via e-mail at email@example.com.
Notice of Copyright Infringement
Zyndrome respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on
the Website in a way that constitutes copyright infringement, please provide Zyndrome's Copyright Agent with the following information:
(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the
Website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so
that Zyndrome may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is
not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and,
under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly
infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert
infringement of copyright and to submit the statement.
Zyndrome's Copyright Agent for notice of claims of copyright infringement on the Website is can be reached as follows:
Vice President for Marketing
10352 Manderley Way
Orlando, Florida 32829
License and Website Access
Zyndrome grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to
download (other than page caching) or modify it, or any portion of it, except with express written consent of Zyndrome. This license
does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of Zyndrome. You may not frame or use framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zyndrome and its affiliates without
express written consent of Zyndrome. You may not use meta tags or any other hidden text using Zyndrome's name or trademarks
without the express written consent of Zyndrome. Any unauthorized use will immediately terminate the permission or license granted
You are granted a limited, revocable, and nonexclusive right to create a hyper link to the home page of Zyndrome so long as the link
does not portray Zyndrome or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined
by Zyndrome in its sole discretion. You may not use any Zyndrome logo or other proprietary graphic or trademark as part of the link
without express written permission of Zyndrome. You may not make any other part of the Website, other than the home page of the
Website, available as part of another service by "deep linking," or otherwise, without prior written permission from Zyndrome.
Third Party and Co-Branded Websites
The Website may contain hyper links ("links") to websites operated by persons or entities other than Zyndrome ("third-party Websites")
or to co-branded websites operated by a third party, including affiliates ("co-branded Websites"). We provide such links for your
reference and convenience only. A link from Zyndrome to a third-party Website does not imply or mean that we endorse the content on
that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the
extent to which you use any content at any third party or co-branded Websites to which you might link from our Website. ZYNDROME
IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY
THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR
CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set
forth in any written or on-screen notice from Zyndrome. As a condition of your use of the Website, you warrant that you will not use
the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a
purchase or transaction or other interaction with the Website or any co-branded Website will be accurate, complete, and current. You
will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or
transaction or other interaction with Zyndrome or any co-branded Website at the prices in effect when such charges are incurred. You
will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not
limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to
access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures
without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of
submitting a virus to or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Website; sending unsolicited email,
including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header
information in any email or posting.
Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or
controlled by, Zyndrome. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you
when Zyndrome delivers these items to the carrier.
Zyndrome attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the
Website are complete, reliable, current, or error-free. Most Zyndrome products displayed on the Website are available in select retail
stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Website
may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual
colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITE IS PROVIDED BY ZYNDROME ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
ZYNDROME MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED
ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE
FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR
ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY
FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYNDROME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL ZYNDROME, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF
YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY
INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO ZYNDROME THROUGH THE SITE; OR IN
CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DECLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed
by the laws of the United States of America and the State of Florida, without regard to principles of conflicts of law and as if this
Agreement were a contract wholly entered into and wholly performed within the State of Florida. This Agreement will not be governed
by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to Zyndrome or to products you purchase through Zyndrome shall be submitted to
confidential arbitration in Orange County, Florida, United States of America, except that, to the extent you have in any manner violated or
threatened to violate Zyndrome's intellectual property rights, Zyndrome may seek injunctive or other appropriate relief in any state or
federal court in Orange County, Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this Agreement shall be conducted under the rules of Florida Arbitration Rules and Procedures in effect at the time of
filing of the demand for arbitration. The parties specifically incorporate the terms of Florida Code of Civil Procedure with respect to
discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Zyndrome and its affiliates, successors and assigns, and its and their respective
directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands,
actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses,
including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Zyndrome arising out
of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all
other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any
time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zyndrome as a result of this
Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Zyndrome's right to comply with
governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or
gathered by Zyndrome with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed form.
The failure of Zyndrome to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any
way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force
and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous
communications between Zyndrome and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved to Zyndrome Surf Company.