Legal Notices 2017-04-04T22:01:37+00:00

LEGAL NOTICES

Privacy Policy

Effective date: September 1st, 2016

This policy describes how 30 Knots, LLC and its subsidiaries and affiliate companies (collectively, “30 Knots,” “we,” or “us”) collect, use and share information collected through the mail, 30knotskiteboarding.com, 30-knots.com, wholesale accounts and other websites that link to this privacy policy, and 30 Knots mobile services including any mobile application (collectively, the “30 Knots Services”).

HOW WE COLLECT AND USE INFORMATION

Personally Identifiable Information (“PII”)

We may collect personally identifiable information (“PII”) such as your name, your contact information, your shipping information, and your billing information (such as credit card account data). We collect PII when you provide it to us through your use of the 30 Knots Services, for example when you interact with our websites, place an order, or sign up for our mailing list. We may combine the PII we collect with additional information from other third-party sources.

We use the PII that we collect to provide the 30 Knots Services (such as to process and ship your orders or respond to customer service requests), to analyze and improve 30 Knots Services, and to conduct marketing. If you register for email or if you provide your email address to us, we will send you emails about a variety of topics such as store events, new products, special sales, promotional offers from our affiliates or other selected business partners, environmental issues, and employment opportunities. Please see below for your choices regarding how we collect, use, and share your PII.

We share email activity data with our marketing email provider to help them better target email deployments to consumers. While our marketing email provider has access to email address and email activity and may share bulk/non-specific activity data, no Email addresses or specific email actions are ever shared with other third parties. Should a consumer wish to opt out of this sharing, that consumer simply needs to opt out of marketing email from us.

Geographic Location

Our web site/s may determine the location of the device connecting to them. We and our third-party vendors or partners may collect and use this geographic location data for purposes such as the functioning of the web site, to make our advertising more relevant, and to improve 30 Knots Services. We do not store geographic location data in combination with PII.

Non-Personal Information

We automatically collect certain non-personal information when you use 30 Knots Services. For example, we collect information about the devices you use to connect to our services (such as the IP address of your computer or numeric identifier of your mobile device) and about how you use 30 Knots Services (such as what time you visit our websites). We, and our advertisers and ad servers, may also collect non-personal information outside the 30 Knots Services to measure the success of our advertising campaigns. We use the non-personal information that we collect for a variety of purposes such as to provide and improve the 30 Knots Services, and to analyze and offer our advertising.

Our website also uses third-party analytics vendors such as Google Analytics.Please click here for more information about how data is collected and processed in connection with the Google Analytics service: www.google.com/policies/privacy/partners/

We and our third-party vendors or partners use analytics data for a variety of purposes such as to improve the design and content of our websites, to help us learn things like what pages are most attractive to all of our visitors and what promotions visitors like to see, and to gauge the success of our advertising campaigns.

Information You Post

All information that you share about yourself, whether PII or not, in a public open forum – such as on a social network – will be considered public information for the purposes of this policy. If you don’t want it to be public, please don’t post it.

HOW WE SHARE INFORMATION

We do not disclose your PII to third parties, except as follows:

  • After giving you notice and an opportunity to choose not to share the information;
  • To companies that provide services to us or perform functions on our behalf (such as processing credit card payments or taking orders) and have agreed to use your information only for the purposes we request;
  • For us to send offers to 30 Knots customers on behalf of our affiliated companies and on behalf of other non-affiliated partners (such as environmental groups that we support);
  • To other selected reputable companies, we may disclose your name and postal address (but not your email address or credit card information) so that they can mail you information that may interest you;
  • When we believe disclosure is appropriate to comply with applicable law, legal process, and/or governmental authorities;
  • When we believe disclosure is appropriate to enforce our Terms of Use and other agreements, or to protect our rights, our customers, our property, our employees, or others; and
  • If we are involved in a merger, acquisition, bankruptcy, partial or total sale of assets, or other corporate change.

We may disclose de-identified, aggregated, or other non-personal information to third parties in our discretion. The 30 Knots Services or our offerings on social media platforms may include commenting, forums, sharing, or other similar features. Information that you provide using these features may be available to other users or the general public.

YOUR CHOICES

With your PII – like the information you give us to fulfill an order – you have the option to change or correct your information and the choice of not hearing from us again. There are several ways you can control our use of your PII in connection with marketing and promotions.

To remove your name from our lists. You can choose to decline communications from us at the point that we request your PII. After we have collected your PII, you can choose to stop our communications or our service, or stop us from sharing your information with other companies for their marketing purposes. To exercise any of these options, please contact us by mail, email, or telephone.

To stop email communications. If you receive email communications from us and want to opt out of receiving such communications in the future, you can click the “Unsubscribe” link at the bottom of the promotional email.

Other choices. Please see below to learn about your choices with regard to our use of cookies and interest-based advertising.

CORRECTING OR UPDATING YOUR INFORMATION

If you would like to request changes to the PII that you have previously provided to us, please contact us by mail, email, or telephone.

INTEREST-BASED ADVERTISING

We may work with third-party advertising companies that collect and use information about your online activities across sites over time, in order to deliver more relevant advertising when you are using the 30 Knots Services and elsewhere on the Internet. This practice is known as interest-based advertising. You may visit www.aboutads.info to learn more and to opt out of this type of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. We do not operate or control this site, and are not responsible for the opt-out choices available there. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. If you delete, block or otherwise restrict cookies or use a different computer or Internet browser, you may need to renew your opt-out choice.

CHILDREN

The online 30 Knots Services are not intended for the use of individuals under the age of 13, and we do not knowingly collect information online from individuals under the age of 13.

Links to Third Parties and Social Media

Our websites and App may contain links to third-party online properties. Such third parties have their own policies that govern their collection, use, and disclosure of information. We suggest that you read their privacy policies to learn about their practices.

Social media provides tools that many of our customers use and enjoy, and we include links to various social media platforms on our websites. If you interact with these social media tools through our websites, your experience on those social media sites will be governed by the privacy and other policies of those sites. So, the privacy settings you have chosen on those sites will determine the degree to which your information is made public. We encourage you to choose your privacy settings on those sites accordingly.

SAFEGUARDING YOUR PII

We have reasonable and appropriate physical, electronic, and administrative measures in place to safeguard the security of your personal information. However, when you communicate with customer service via email or chat on our websites, these communications may not be encrypted. For that reason, we ask that you do not share sensitive information via these communication channels.

UPDATES TO THE PRIVACY POLICY

If we modify this Privacy Policy, we will post the revised Privacy Policy online. We will notify you if the policy changes in any material way by sending a notice to the email address you provided us or by placing a prominent notice on our website at 30knotskiteboarding.com. You should check regularly to see if this Privacy Policy has changed.

CONTACT US

If you have any questions about this Privacy Policy, you can email, write, or call us:

info@30knotskiteboarding.com
30 Knots Customer Service
13450 73rd Avenue
Seminole, FL, 33776
800-272-1980

Terms of Use

Effective as of September 1st, 2016

These Terms of Use govern access to and use of the 30knotskiteboarding.com and 30-knots.com web sites as well as 30 Knots mobile apps or service offerings allowing connection to 30 Knot’s mobile-enhanced versions of its online Web sites (together, the “30 Knots Electronic Platforms”). 30 Knots Electronic Platforms are hosted by or for 30 Knots LLC and its subsidiaries and affiliates (with such entities referenced herein collectively as “30 Knots” or with “we” or “us”).

IMPORTANT – This is a legal agreement between you (referenced herein with “you, “your,” or “user”) and 30 Knots. As a condition to using the 30 Knots Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in these Terms of Use (which we reference herein collectively as the “Agreement”). Please read this entire Agreement carefully. 30 Knots IS WILLING TO ALLOW ACCESS TO AND USE OF THE 30 KNOTS ELECTRONIC PLATFORMS AND PROVIDE ITS RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE 30 KNOTS ELECTRONIC PLATFORMS AND ARE INSTRUCTED TO EXIT IMMEDIATELY.

By downloading, accessing, or using the 30 Knots Electronic Platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the 30 Knots Electronic Platforms. In addition, when you use any future version of the 30 Knots Electronic Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please also note that 30 Knots reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to you. Your continued use of the 30 Knots Electronic Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement.

Privacy

The operation of certain areas of the 30 Knots Electronic Platforms requires or involves the submission, collection, use, or dissemination of various personally identifiable information. Accordingly, if you wish to access and use those areas of the 30 Knots Electronic Platforms, you acknowledge and agree that your use of the 30 Knots Electronic Platforms will constitute acceptance of 30 Knots personal identifying information collection and use practices. Please see 30 Knots Privacy Policy for a summary of 30 Knots personal identifying information collection and use practices.

Orders

30 Knots does sell products for children, but it does not allow children to directly purchase products, themselves, from the 30 Knots Electronic Platforms. 30 Knots only sells products to adults, ages 18 years and older. All service and product orders are subject to 30 Knots acceptance. Accordingly, 30 Knots reserves the right to refuse service regarding the 30 Knots Electronic Platforms, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if 30 Knots believes that user conduct violates applicable law or is harmful to the interests of 30 Knots or its affiliates.

 Trademarks

30 Knots and all other names, logos, and icons identifying 30 Knots and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of 30 Knots and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of 30 Knots is strictly prohibited, and nothing stated or implied on the 30 Knots Electronic Platforms confers on you any license or right under any trademark of 30 Knots or any third party.

Copyright

The 30 Knots Electronic Platforms are Copyright © 2016 30 Knots, LLC and/or its licensors. All rights reserved.

All text, images, photographs, graphics, user interface, and other content provided on the 30 Knots Electronic Platforms, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by 30 Knots or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. 30 Knots also holds rights in the contents on the 30 Knots Electronic Platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the 30 Knots Electronic Platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by 30 Knots and/or its licensors or suppliers.

Nothing stated or implied on the 30 Knots Electronic Platforms confers on you any further license or right under any copyright of 30 Knots or any third party. The 30 Knots Electronic Platforms 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 30 Knots Electronic Platforms, or use the contents of the 30 Knots Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of 30 Knots or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.

Notice of Copyright Infringement

30 Knots respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the 30 Knots Electronic Platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

You acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If 30 Knots terminates or suspends a user’s access to or use of the 30 Knots Electronic Platforms, 30 Knots will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is 30 Knots policy to document all notices of alleged infringement upon which 30 Knots decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your work has been copied and is accessible on the 30 Knots Electronic Platforms in a way that constitutes copyright infringement, please provide 30 Knots Copyright Agent with the following information:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the allegedly infringing material on the 30 Knots Electronic Platforms that is requested to be removed;
  • Your name, address, and daytime telephone number, and an e-mail address if available, so that 30 Knots may contact you, if necessary;
  • 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;
  • 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
  • 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.

30 Knots Copyright contact for notice of claims of copyright infringement on the 30 Knots Electronic Platforms is 30 Knots CEO, who can be reached as follows:

30 Knots, LLC
Attn.: CEO
13450 73rd Avenue
Seminole, FL, 33776
E-mail: info@30 Knots.com

Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to 30 Knots Copyright contact. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.

License and Access to 30 Knots Electronic Platforms

30 Knots grants you a limited license to access and make personal use of the 30 Knots Electronic Platforms and not to download (other than browser-required page caching) or modify the 30 Knots Electronic Platforms, or any portion of them, except with express written consent of 30 Knots. Accordingly, you expressly acknowledge and agree that 30 Knots transfers no ownership or intellectual property interest or title in and to the 30 Knots Electronic Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the 30 Knots Electronic Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the 30 Knots Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the 30 Knots Electronic Platforms or their 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.

The content layout, formatting, and features of and access privileges for the 30 Knots Electronic Platforms shall be as specified by 30 Knots in its sole discretion. You also acknowledge and agree to the following: (i) 30 Knots has the right to control and direct the means, manner, and method by which the 30 Knots Electronic Platforms are provided; (ii) 30 Knots may, from time-to-time engage independent contractors, consultants, or subcontractors to aid 30 Knots in providing the 30 Knots Electronic Platforms or use thereof; and (iii) 30 Knots has the right to provide the 30 Knots Electronic Platforms to others.

Notwithstanding the license grant herein, neither the 30 Knots Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of 30 Knots. 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 30 Knots and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using 30 Knots name or trademarks without the express written consent of 30 Knots. Any unauthorized use terminates the permission or license granted by 30 Knots.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for 30 Knots domain address) to any page of 30 Knots so long as the link does not portray 30 Knots or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any 30 Knots logo or other proprietary graphic or trademark as part of the link without express written permission.

Other Terms and Conditions

Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the 30 Knots Electronic Platforms, 30 Knots shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.

Links to Third Party Web Sites

The 30 Knots Electronic Platforms may contain hyperlinks (“links”) to web sites operated by persons or entities other than 30 Knots (“third-party web sites”). We provide such links for your reference and convenience only. A link from 30 Knots to a third-party web site does not imply or mean that we endorse the content on that third-party web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party web Sites to which you might link from the 30 Knots Electronic Platforms. 30 KNOTS IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Feedback and Submissions

30 Knots welcomes your feedback and suggestions about 30 Knots products or services or with respect to how to improve the 30 Knots Electronic Platforms. By transmitting any such suggestions, information, material, or other content (collectively, “feedback”) to 30 Knots, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to 30 Knots and enable 30 Knots to use such feedback. In addition, any feedback received through the 30 Knots Electronic Platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for 30 Knots to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Mobile Services

The 30 Knots Electronic Platforms may offer certain tools, handheld offerings, or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the 30 Knots Electronic Platforms shall be in accordance with this Agreement.

Postings & Reviews

The 30 Knots Electronic Platforms may contain blogs, message boards, comment areas, questionnaires, review areas, and other interactive features and functionality where users can share and post information. To the extent that the 30 Knots Electronic Platforms contain such communication forums (collectively, “Forums”), you agree that by using the 30 Knots Electronic Platforms you will not upload, post, display, or transmit any of the following materials on the 30 Knots Electronic Platforms’ Forums:

  • Anything that interferes with or disrupts the 30 Knots Electronic Platforms or the operation thereof,
  • Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
  • Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
  • Statements or material that violates other contractual or fiduciary rights, duties, or agreements,
  • Statements or material that is bigoted, hateful, or racially offensive,
  • Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
  • Statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
  • Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
  • Statements or material that harms minors,
  • Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of 30 Knots,
  • Statements or material that misrepresents your affiliation with any entity and/or 30 Knots,
  • Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
  • Chain letters or pyramid schemes,
  • Statements or materials that are deceptive or misleading,
  • Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials,
  • Statements or material that are “off-topic” for a designated Forum, and
  • Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the 30 Knots Electronic Platforms.

Forums are the resources and property of 30 Knots and/or its licensors, and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or other portion of the 30 Knots Electronic Platforms or by otherwise using the 30 Knots Electronic Platforms to transmit or display a Posting, you automatically grant 30 Knots a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to 30 Knots and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that 30 Knots has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the 30 Knots Electronic Platforms 30 Knots has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, 30 Knots assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

30 Knots is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to 30 Knots right and ability to delete or remove a Posting (or any part thereof), 30 Knots does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, 30 Knots reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that 30 Knots believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to 30 Knots or its affiliates, volunteers, services, or goodwill. If you violate this Agreement, 30 Knots may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the 30 Knots Electronic Platforms.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the 30 Knots Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from 30 Knots (provided in connection with your use of the 30 Knots Electronic Platforms). As a further condition of your use of the 30 Knots Electronic Platforms, you warrant that you will not use the 30 Knots Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the 30 Knots Electronic Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the 30 Knots Electronic Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the 30 Knots Electronic Platforms 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 monetary transaction interaction with 30 Knots 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 monetary transaction interactions.

Registration as a user for access to certain areas of the 30 Knots Electronic Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by 30 Knots. Only one user can use one username and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your username and password can gain entry to the restricted portions of the 30 Knots Electronic Platforms and to your account. Accordingly, by using the 30 Knots Electronic Platforms, you agree to consider your username and password as confidential information and to keep your username and password confidential. You will immediately notify 30 Knots if you become aware of any loss or theft of your password or any unauthorized use of your username and password. 30 Knots will not be liable for any loss or damage arising from your failure to comply with these obligations. 30 Knots reserves the right to delete or change a username or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.

By using the 30 Knots Electronic Platforms, you agree not to violate or attempt to violate the security of the 30 Knots Electronic Platforms, including, without 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,” “mailbombing,” or “crashing” the 30 Knots Electronic Platforms;
  • Sending unsolicited e-mail, 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 e-mail or Posting.

Actual or attempted unauthorized use of the 30 Knots Electronic Platforms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. 30 Knots reserves the right to view, monitor, and record activity on the 30 Knots Electronic Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the 30 Knots Electronic Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the 30 Knots Electronic Platforms as well as to disclosures required by or under applicable law or related government agency actions. 30 Knots will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, 30 Knots reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the 30 Knots Electronic Platforms, or any portion of the 30 Knots Electronic Platforms in order to protect the 30 Knots Electronic Platforms, 30 Knots, or 30 Knots business or goodwill.

Risk of Loss

All products purchased from the 30 Knots Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, 30 Knots. Title to products purchased on the 30 Knots Electronic Platforms, as well as the risk of loss for such products, passes to you when 30 Knots delivers these items to the carrier.

You also acknowledge and agree that use of the Internet and access to the 30 Knots Electronic Platforms is solely at your own risk. While 30 Knots has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the 30 Knots Electronic Platforms over the Internet or other form of global communication network is outside 30 Knots control and cannot be guaranteed. Accordingly, 30 Knots is not responsible for the security of any information transmitted to or from the 30 Knots Electronic Platforms.

Product Information

30 Knots attempts to be as accurate as possible in describing its products. However, 30 Knots does not warrant or guarantee that product descriptions or other content of the 30 Knots Electronic Platforms are accurate, complete, reliable, current, or error-free. Most 30 Knots products displayed on the 30 Knots Electronic Platforms are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the 30 Knots Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the 30 Knots Electronic Platforms are quoted in U.S. Dollars.

Colors

30 Knots has made every effort to display as accurately as possible the colors of the products that appear on the 30 Knots Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee and do not warrant that your monitor’s or device’s display of any color will be accurate.

The 30 Knots Product Guarantee

30 Knots offers a guarantee on every product it makes and sells to you. Following a sale or gift event, if you are not satisfied with one of 30 Knots products at the time you receive it, or if one of 30 Knots products does not perform to your satisfaction, you may return the product to 30 Knots for repair, replacement, or refund in accordance with 30 Knots warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE 30 KNOTS ELECTRONIC PLATFORMS ARE PROVIDED BY 30 KNOTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 30 KNOTS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE 30 KNOTS ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE 30 KNOTS ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE 30 KNOTS ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE 30 KNOTS ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE 30 KNOTS ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE 30 KNOTS ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE 30 KNOTS ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND 30 KNOTS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE 30 KNOTS ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 30 KNOTS 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 30 KNOTS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE 30 KNOTS ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE 30 KNOTS ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, 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 30 KNOTS ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO 30 KNOTS THROUGH THE 30 KNOTS ELECTRONIC PLATFORMS; IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR WITH RESPECT TO ANY CLAIM OR DAMAGE ARISING FROM A CAUSE BEYOND 30 KNOTS CONTROL WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF 30 KNOTS HAS 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

This Agreement, your rights and obligations, 30 Knots 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 California, 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 California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.

Any dispute relating in any way to your visit to 30 Knots or to products you purchase through 30 Knots shall be submitted to confidential arbitration in Tampa, Florida, United States of America, except that, to the extent you have in any manner violated or threatened to violate 30 Knots intellectual property rights, 30 Knots may seek injunctive or other appropriate relief in any state or federal court in the State of 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 then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. 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.

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of 30 Knots proprietary assets, will cause irreparable injury to 30 Knots, such injury would not be quantifiable in monetary damages, and 30 Knots would not have an adequate remedy at law. You therefore agree that 30 Knots shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that 30 Knots post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to 30 Knots to enforce any provision of this Agreement.

Indemnification

You agree to defend, indemnify, and hold harmless 30 Knots and its affiliates, successors and assigns, and its 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 attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by 30 Knots arising out of or relating to your use of the 30 Knots Electronic Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.

Term and Termination

This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the 30 Knots Electronic Platforms, whichever is earliest. 30 Knots reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the 30 Knots Electronic Platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the 30 Knots Electronic Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the 30 Knots Electronic Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the 30 Knots Electronic Platforms in your possession. The provisions concerning 30 Knots proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.

Miscellaneous Legal Provisions

We may discontinue the 30 Knots Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the 30 Knots Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the 30 Knots Electronic Platforms at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and 30 Knots as a result of this Agreement or your use of the 30 Knots Electronic Platforms. Nothing contained in this Agreement is in derogation of 30 Knots right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the 30 Knots Electronic Platforms or information provided to or gathered by 30 Knots 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 30 Knots 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 the 30 Knots Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between 30 Knots and you regarding the 30 Knots Electronic Platforms and their contents.

All rights not expressly granted herein are hereby reserved.

Considerations for Non-U.S. Customers

30 Knots headquarters is located in the United States, and 30 Knots Services are based in the United States. Please be aware that information you provide to 30 Knots, or that 30 Knots obtains as a result of your use of the 30 Knots Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the 30 Knots Services, or by providing 30 Knots with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.