Terms of Service

Sitka Surfboard Corp. offers this web site (“sitka.community”), including all information, products and services available from this web site or offered as part of or in conjunction with sitka.community , to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Sitka Surfboard Corp. reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.

Your continued use of Sitka.ca constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Sitka.ca.

Sitka.ca (“the site”) is hosted by Sitka Surfboard Corp. (collectively, “Sitka,” “we,” or “us”). The term ‘you’ or ‘your’ refers to the user or viewer of our website.

Privacy

Please review our privacy policy, which also governs your use of Sitka.ca, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

Your Account

If you use the Sitka.ca, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Sitka.ca only with involvement of a parent or guardian. Sitka reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Billing, Payment, Credit Card Information

When you place your first order, we will save your credit card information for use on all future purchases. We accept Visa, Mastercard, American Express, Diners Club, Discover, JCB, Solo and Switch/Maestro UK as forms of Credit Card payment. When providing credit card information, the credit card must be your own. If the credit card does not belong to you, you must have permission from the accountholder to use their card for your transactions.

You may also pay for our products and services using Paypal.

We do not accept personal checks, money orders or direct bank transfers. Please note, items will not be shipped until the transaction has been cleared.

Any use of fraudulent chargebacks simply to get free merchandise is not only strictly prohibited, but also criminal fraud, and will be dealt with by reporting such chargebacks to your local police department and a credit bureau, as well as referring the matter to a court of competent jurisdiction.

Gift Certificates

Gift certificates can only be redeemed via purchases made on this website, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate.

Shipping & Delivery

Our ability to ship your order to you is only as good as the information that you provide us. Whether you are ordering products for yourself or others, you must ensure that you provide us with an accurate address. We cannot be held responsible for delivery failures if you don’t give us the correct address or if it is an address that we can’t perform delivery to. If a shipment is returned as unclaimed, undeliverable, regardless of the reason, we shall be entitled to keep you liable for the shipping and handling fees that were associated with that shipment.

Due to the signed-for nature of deliveries, we recommend that items be sent to a work or home address in order to avoid any delays in receiving your items.

Shipping will be done according to the costs and methods described on our website. Once we ship your item, we are no longer responsible for its condition or delivery to your chosen address. Any claims for damages on the item should be filed by you against the shipper.

Please refer to our “Shipping Information’’ page for further information.

Order Confirmation

An e-mail confirmation will be sent once payment has been received. Once the order has been confirmed, the item(s) will be processed, packed and shipped out and as such, it will not be possible to cancel your order. In the event that you opt to cancel the order after delivery, you agree that the associated delivery charges will be deducted from your payment before making any refund by us.

Shipping Confirmation

Once your order has been dispatched, a shipping confirmation e-mail will be sent. Please keep this e-mail as a reference as it will also include your order tracking number, carrier and instructions on how to track your package.

Returns & Repairs

Please refer to our ‘Returns & Exchanges’ page.

Product Information

Sitka attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions, specifications or other content of the site are accurate, complete, reliable, current, or error-free. Most Sitka products displayed on Sitka.ca are available in select retail stores around the world. In some cases, merchandise displayed for sale via Sitka.ca may not be available in retail stores. Unless otherwise stated, the prices displayed at Sitka.ca are quoted in Canadian Dollars.

Colors

We have done our best to display as accurately as possible the colors of the products shown on Sitka.ca. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Correction of Errors & Inaccuracies

The information of the Sitka.ca may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase you may return it with the original sitka.community packing receipt. Please see our ‘Returns & Exchanges’ Policy.

Price Changes & Stock Availability

Prices are subject to change without prior notice. In the event a Sitka product is listed at an incorrect price due to typographical error or systems error, Sitka shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Sitka shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, UrbanOutfitters.com shall issue a credit to your credit card account in the amount of the incorrect price.

While we endeavor to provide you with the most accurate and up-to-date information, occasionally ordered items may not be available as listed. In the case that part of your order is unavailable or out of stock, the item(s) will be cancelled from the order with notification and where applicable, a refund shall be applied for the cost of the regarding item(s).

Promotional & Store Credit Codes

Where a promotional code is required for an offer or discounted price, the code should be entered during the checkout process.

Customers should take care when entering codes, checking that the offer/credit has been applied. Should you find that the code is inapplicable or invalid, please refer to the specific conditions for the code as the promotion may have already expired. Should you have difficulty in applying store credit to your order, please contact our Customer Service Department.

Discounts, Sales & Promotions

From time to time, Sitka may offer discounts and/or promotions. Discount, sales and/or promotional offers and prices are only applicable when checking out whilst the offer is still valid. Time restrictions will be stated where applicable. Sitka reserves the right to amend, extend or terminate these offers at an earlier date without prior notice. For those who purchased over 24 hours before the sale, price adjustments will not be made. For those who purchased within 24 hours, we can refund the discount being offered at the time.

Rules of Conduct

As a part of using our website, you must not:

Post anything that violates any applicable law, foreign or domestic.

Post anything defamatory, violent, pornographic, hateful, racist, or otherwise objectionable. We have the sole right to determine what is objectionable.

Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users.

Infringe on the intellectual property rights of anyone.

Do anything that infringes on the rights of us or a third party.

Create more than one account, use another person’s account, or allow another person to use your account.

Engage in unsolicited marketing activities, whether commercial or noncommercial, on our forum or through its private messaging service, or on our blog comments section, or anywhere else on our website.

Advertise on our website without our permission.

Impersonate another person or organization.

Post any links to content which would, if posted on our own website, violate these Rules of Conduct.

Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Sitka.ca or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited.

We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.

Image Terms of Use

We typically include images as part of our content and the images we are authorized to use is the following:

Images that are licensed from vendors

Images that are supplied to us or released into the public domain by public relations and marketing companies for press or other purposes

Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site

Images that are published on Photobucket or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case

Images that are commissioned by Sitka.

Images that we believe to be covered by the Fair Use Doctrine, such as:

Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source

Images that are used to illustrate a newsworthy story, where the image itself tells a story

Images used in a transformative manner, such as parody

Images that are widely distributed that they have become part of the news

If Sitka receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.

If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.

User Comments, Feedback & Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Sitka on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Sitka property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Sitka of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Sitka.ca will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Sitka is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

We do not actively screen comments and forum posts before they are uploaded to our website by third parties. As a part of your acceptance of this Agreement, you release us from any liability for the actions of third parties on our website, whether or not we would otherwise normally be held liable for such words under the laws of Canada or any other jurisdiction.

Use of this Web Site

The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Sitka and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Third Party Links

Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

Disclaimer

YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITKA DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. SITKA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SITKA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Copyright

All content included on Sitka.ca – such as text, without limitation, graphics, logos, button icons, images, audio clips, films, digital downloads, data compilations, and software – is the property of Sitka or content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on Sitka.ca is the exclusive property of Sitka and protected by Canadian and international copyright laws. All software used on Sitka.ca is the property of Sitka or its software suppliers, and protected by Canadian and international

Sitka.ca 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 Sitka.ca, or use the contents of Sitka.ca in litigation, or for any commercial or promotional purposes, without the express written consent of Sitka or its lawful successors and assigns.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

Revocation of Consent

Where Sitka has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.

Indemnification

You shall indemnify and forever save harmless Sitka, its partners, affiliates, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this site.

Limitation of Liability

SITKA SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF SITKA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

You acknowledge and agree that Sitka, in its sole and absolute discretion may, without notice to you, suspend or terminate your use of, or access to the Website, for any services and remove and discard any related materials for any reason, including where Sitka believe that you have violated any of these terms. You agree that Sitka shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website.