Privacy Policy & Terms

HUMANOID WAKE INC. TERMS OF USE WEBSITE TERMS OF USE Last updated: November 25,  2016 These Terms of Use (the “Terms”) govern your use of HUMANOID WAKE INC. (“HUMANOID WAKE”) website, humanoidwake.com (collectively, the “the Site”) and your purchase of any products and/or subscriptions sold on the Site (the “Services”). By visiting the Site, or using the Services, you agree to the following: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. 1. AGREEMENT TO THE TERMS. By using the Site you accept these Terms and Humanoid Wakeboards’ Privacy Policy (URL) (incorporated into these Terms by reference). If you don’t agree with the Terms or Humanoid Wakeboards’ Privacy Policy, then please do not use the Site or the Services. We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time without notice. If you keep using the Site or the Services, we will assume you agree to the changes. If you violate the terms of this Agreement, your authorization to use the Site, the Services, and any Content (defined below) automatically terminates without notice to you. 2. THIRD PARTY PRODUCTS AND SERVICES. We may offer third-party products/services through the Site and/or the Services. If you use any of these third-party products/services, you assume all risks and liabilities. We may also provide links to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites. Third-parties will probably have their own terms of use, so be sure to check those out. 3. COMMUNICATIONS. We won’t send you communications unless you give us your contact information. If you do give us your contact information, you consent to receive communications from us (like emails). If you don’t want to get communications from us, no hard feelings. Just follow the email opt-out procedures in our Privacy Policy. By using this Site and/or the Services you consent to the collection, transfer, storage, disclosure and other uses of your information as described in our Privacy Policy. Regardless of which country you reside in or supply information from, you authorize Humanoid Wakeboards to use and store your information in the United States and any other country where Humanoid Wakeboards operates so please be sure to read our Privacy Policy before using the Services or submitting information to us. 4. ACCOUNTS AND PASSWORDS. You may be able to create an account on the Site. You are responsible for maintaining the confidentiality of your passwords for your account, and you are responsible for all activities that occur through the use of your passwords or account. We will assume that any activity taken under your account is authorized by you. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Humanoid Wakeboards if there is any unauthorized use of your password on the Site or if you know of any other breach of security in relation to this Site. 5. LICENSE. Humanoid Wakeboards gives you a limited license to access and use the Site, as well as a limited, revocable and nonexclusive right to create links to the Site, so long as the link doesn’t make us look bad (i.e., isn’t used in a false, misleading, derogatory or otherwise offensive matter). Unless Humanoid Wakeboards gives you permission, you may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use any content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (the “Content”). If we give you the go-ahead to use the Content, you may not remove any copyright or other proprietary notices from the Content. 6. HACKING AND ILLEGAL ACTIONS. You promise that you will not: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Humanoid Wakeboards or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content to conduct, solicit, facilitate, encourage, condone, or induce (i) any illegal activity, or (ii) the violation of applicable laws, rules or regulations or these Terms; (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code used in or in connection with the Site or Content; or (g) otherwise violate the intellectual property rights of Humanoid Wakeboards, its affiliates, or any third parties in connection with your use of the Site. 7. MINORS. The Site is not intended for people under 18 years of age. If you are younger than 18, you need to get your parent/guardian’s consent to use the Site and your parent/guardian assumes all responsibility and legal liability for the conduct of your actions when you use the Site or the Services. 8. TRADEMARKS. You may not use our trademarks unless you get our permission first. “Humanoid” and all other related trademarks (including graphics, logos, page headers, button icons, scripts and service names) on the Site are trademarks of Humanoid Wakeboards or our licensors and are protected by U.S. and international law. You may not use them without our prior written consent. 9. COPYRIGHT. All content on the Site is our property and is protected by U.S. and international copyright laws. You may not use any content on the Site without our prior written consent. We also specifically prohibit the posting of any content that violates or infringes the copyrights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, please notify us at support@humanoidwake.com. 10. FEEDBACK. We’re happy to hear from you. But before you get chatty with us, please be aware that any unsolicited ideas, suggestions, materials or other information you share with us about the Site, our Services, products, ideas for new products or services, or other aspects of our business are considered “Feedback.” If you provide us with Feedback, you also give Humanoid Wakeboards an exclusive, worldwide, royalty-free, irrevocable, sub licensable, perpetual license to use and publish the Feedback for any purpose without compensation to you. 11. ONLINE PURCHASES. Terms of Sale Humanoid Wakeboards sells products like Wakeboards and gear (“Products”) to end-user customers, for their own personal, non-commercial use. Humanoid Wakeboards also sells Wakeboard subscriptions (“Subscriptions”) to end-user customers, solely for their own personal, non-commercial use. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. Subscriptions are personal and non-transferable. Pricing and Availability Pricing for Products are the prices posted on the Site at the time you place your order. Pricing for Subscriptions are the prices posted on the Site on the date you first sign-up for a Subscription. Humanoid Wakeboards reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. We do our best to make sure that all details, descriptions, and prices that appear on our Site are correct, but errors do happen. If we discover an error in the price of any Products or Subscriptions, or the availability of a Product or Subscription you have ordered, we will inform you of the error as soon as possible and give you the option of reconfirming your order or cancelling it. If we are unable to reach you regarding the error, we will cancel the order. Transaction Information. When you purchase any Product or Subscription (each purchase a “Transaction”) you may be asked to supply certain information including, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You promise that you have the legal right to use any credit card(s) or other payment method(s) for any Transaction. You also give Humanoid Wakeboards permission to provide that information to third parties in order for Humanoid Wakeboards to verify and complete the Transaction. Availability. We have a lot of cool items available for purchase on the Site. We may change the descriptions, features, content, products, and prices of these products or services at any time without notice to you. Things fly off the shelf really fast around here, so Humanoid Wakeboards does not guarantee the quantity or availability of the Products or Services (including Subscriptions) on the Site. Humanoid Wakeboards has the right to do any of the following, without notice to you: (i) discontinue, or limit the quantity or availability of Products or Subscriptions; (ii) set limits and/or conditions on honoring coupons, discount or promotional codes, or other similar promotions; (iii) bar anyone from making or completing a Transaction; and (iv) refuse to provide anyone with any Product or Subscription. You are responsible for making sure that you obey all local, state, federal and international laws regarding your receipt, possession, and use of anything your purchase from the Site. Humanoid Wakeboards reserves the right to revoke your Subscription at any time as a result of a violation of these Terms or our Privacy Policy. Membership is void where prohibited by law. Risk of Loss. Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Product Return Policy. We are happy to exchange non-custom Products that are unopened and unused, as long as you return them to Humanoid Wakeboards within 30 days of purchase. All items must be in their original, unopened/unused condition, with all tags/labels attached. You are responsible for the costs of returning items to us and they are your responsibility until they reach us. Please make sure you package your return to prevent any damage to the items. We recommend that you ship your return using a service that allows you to track the items you are returning. To make an exchange, first, email support@humanoidwake.com with your order details and exchange preference. We will email you with instructions on how to ship the item(s) back to us. Subscription Service Terms. Humanoid Wakeboards offers a 12-month Wakeboard subscription (“Wakeboard Subscription”). • Wakeboard SUBSCRIPTION (TWELVE-MONTH TERM): If you want to purchase a Wakeboard Subscription, you will have the option of providing one (1) full payment for the Subscription or providing payments in monthly installments: or Monthly Installment Plan or By purchasing a Wakeboard Subscription with a monthly payment option, you agree that your Wakeboard Subscription has an initial and recurring payment charge at the Subscription price posted on the date you sign up for the Subscription for a total of twelve (12) payments. You accept responsibility for all charges prior to cancellation, including any charges processed by Humanoid Wakeboards after the expiration date of your credit card. If you have selected the monthly payment option, you agree that Humanoid Wakeboards may submit twelve (12) periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until and unless you notify Humanoid Wakeboards in writing that you want change your payment method (these same terms apply to your new payment method). You agree that any such notice will not affect charges submitted before Humanoid Wakeboards reasonably could act. Your Wakeboard Subscription will automatically terminate after the twelfth payment. o If your payment method is declined or rejected, Humanoid Wakeboards reserves the right to automatically terminate your Subscription and the services that accompany the Subscription. You understand and agree that if your Subscription is terminated before the twelfth payment is made or before payment is received in full, you will be referred to a collections agency for the balance due. o CANCELLATION/EXCHANGE POLICY FOR Wakeboard SUBSCRIPTIONS WITH MONTHLY PAYMENT PLANS. You can cancel your Wakeboard Subscription at any time.. However, you agree that if you cancel your Subscription before the twelfth payment has been processed, you will still be charged the remainder of the subscription fee due. If your payment method is declined or rejected, you will be referred to a collections agency for balance due. To cancel your Wakeboard Subscription or to exchange your unopened, unused, and non-custom Wakeboard, contact us at support@humanoidwake.com. o EXCHANGE POLICY FOR Wakeboard SUBSCRIPTIONS PAID IN FULL: If you pay for your Wakeboard Subscription in full, you understand and agree that all sales are final (but Humanoid Wakeboards is happy to exchange any non-custom Wakeboards that are unopened and unused (ex., no bindings have been attached). To exchange your unopened or unused wakeboard, contact us at support@humanoidwake.com. There are no refunds or returns for wakeboard Subscriptions or the products included with the wakeboard Subscriptions. You can exchange non-custom Wakeboards that are unopened and unused. you cannot exchange custom Wakeboards. • If you have selected the monthly payment option, you agree that Humanoid Wakeboards may submit twelve (12) periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until and unless you notify Humanoid Wakeboards in writing that you want to change your payment method (these same terms apply to your new payment method). You agree that any such notice will not affect charges submitted before Humanoid Wakeboards reasonably can act. Your Subscription will automatically terminate after the twelfth payment. If your payment method is declined or rejected, Humanoid Wakeboards reserves the right to automatically terminate your Subscription. You understand and agree that if your Subscription is terminated before the twelfth payment is made or before payment is received in full, you will be referred to a collections agency for the balance due.  INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Humanoid Wakeboards, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party. 13. NO WARRANTIES AND LIMITATION OF LIABILITY. THE SITE, THE SERVICES, THE PRODUCTS, SUBSCRIPTIONS, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Humanoid Wakeboards DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; OR (2) THAT THE SITE OR THE SERVER THAT MAKE THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. Humanoid Wakeboards DOES NOT REPRESENT OR WARRANT THAT ANY NUTRITION, INGREDIENT, ALLERGEN, OR OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY OTHER PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. YOU SHOULD CONSULT THE PRODUCTS LABEL DIRECTLY OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT. 14. GOVERNING LAW AND DISPUTES. If there is any dispute relating in any way to your use of the Site, the Site itself, the Services, the products you purchase through the Site (including Subscriptions), or your relationship with Humanoid Wakeboards you agree to the exclusive venue and jurisdiction of the courts located in Seattle, Washington. You also agree that Washington State law will control in any dispute, without regard to conflicts of law provisions. If you breach these Terms, you will cause us immediate and irreparable harm and we can take all legal options available to us to stop you from harming us (without having to post a bond). YOU AND Humanoid Wakeboards AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 15. GENERAL. These Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Site and the Services. The relationship between you and Humanoid Wakeboards is that of independent parties and nothing else – there is no employee and employer, or principal and agent relationship between us. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms. The failure of either party to enforce any right or provision in the Terms will not constitute a waiver of such right or provision. 12. OUR CONTACT INFORMATION. If you have questions regarding the Terms, please contact us at: Humanoid Wakeboards, LLC Attn: Terms of Use E-mail: support@humanoidwake.com

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