Terms of Service

OVERVIEW

Welcome to Surf the Greats! The terms "we", "us" and "our" refer to Surf the Greats, operated by KWIK Ventures, LLC. Surf the Greats operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Surf the Greats is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device settings and configuration.

Many of our apparel products are made to order. Production and fulfillment times may vary.

We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or be identical to how they appear in product images, subject to applicable consumer protection laws.

All product descriptions are subject to change without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Surf the Greats reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Surf the Greats confirms acceptance and processes your payment.

Please review your order carefully before submitting it. Because many products are made to order, we may be unable to accommodate cancellation requests after an order has entered production.

If we decline, change, or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Purchases are subject to our Returns & Exchanges Policy, except where applicable law provides additional rights.

You represent that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price displayed at checkout when the order is placed and reflected in your order confirmation.

Prices may be displayed in US dollars or Canadian dollars depending on your selected market. Applicable taxes, shipping charges, and any disclosed additional fees will be calculated or displayed during checkout.

Unless expressly stated otherwise, prices do not include customs duties or import charges that may apply.

Promotions may be subject to separate terms and conditions. Where promotional terms conflict with these Terms, the promotional terms will govern.

You agree to provide accurate and complete payment, billing, and account information and to keep such information updated as necessary.

You represent that you are authorized to use the payment method provided and agree to pay all applicable charges associated with your order.

SECTION 5 - SHIPPING AND DELIVERY

Surf the Greats currently ships to customers in Canada and the United States.

Shipping and delivery estimates are not guarantees. Orders may experience delays due to production, shipping carriers, customs processing, weather, or other circumstances outside our control.

Please refer to our Shipping Policy for further information about fulfillment, delivery estimates, shipping charges, and potential customs fees.

Responsibility for goods during shipping and delivery is governed by applicable law. Nothing in these Terms limits any non-waivable consumer rights regarding delivery or loss of goods.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, images, graphics, product reviews, video, audio, and the design and arrangement of website content, are owned by Surf the Greats, KWIK Ventures, LLC, or their respective licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, republish, or commercially exploit website materials without prior written permission, except as permitted by law.

Nothing in these Terms grants you ownership or licensing rights to intellectual property belonging to Surf the Greats, Shopify, or any third party.

The Surf the Greats name, logos, designs, and slogans are trademarks or other intellectual property of their respective owners or licensors. Shopify and other third-party names and logos remain the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools or features offered by third parties that we do not independently control.

Such tools are provided on an "as is" and "as available" basis, subject to applicable law and the terms of the relevant provider.

Your use of optional third-party tools is at your discretion and subject to any applicable third-party terms.

New tools and features introduced through the Services may also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

We are not responsible for independently verifying the accuracy, availability, or content of third-party websites. Accessing third-party websites is at your discretion.

Any purchases or interactions with third-party providers may be subject to their own terms and policies.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Surf the Greats is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Surf the Greats. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Surf the Greats, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Surf the Greats.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy and, where applicable, Shopify's Privacy Policy.

Because our store is hosted by Shopify, Shopify processes certain information related to your use of the website and purchases.

Information may also be shared with service providers involved in payment processing, order fulfillment, shipping, analytics, and other business operations, including providers located outside your country of residence.

Please review our Privacy Policy for further details about how personal information is collected, used, shared, and protected.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, ideas, photographs, comments, or other content ("Feedback"), you grant Surf the Greats a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback for business and promotional purposes, subject to applicable law.

You represent that you have the necessary rights to submit the Feedback and that it does not violate the intellectual property, privacy, or other legal rights of third parties.

We may review, edit, or remove Feedback that violates these Terms or applicable law.

We are not obligated to compensate you for unsolicited Feedback unless otherwise agreed.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or availability.

We reserve the right to correct such information and, where legally permitted, modify or cancel affected orders.

If an order is canceled after payment has been collected, any required refund will be issued in accordance with applicable law.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use the Services to violate applicable laws, infringe intellectual property rights, harass or threaten others, impersonate another person, submit fraudulent information, distribute malicious software, send unsolicited commercial communications, or interfere with website security or functionality.

You may not scrape, reproduce, resell, or exploit substantial portions of our website or its content without authorization, except as permitted by applicable law.

We reserve the right to restrict or terminate access to the Services when these Terms are violated.

SECTION 14 - AGENTS

This section applies to automated or semi-automated software agents accessing or interacting with our Services.

Agents must identify themselves accurately, comply with applicable technical access restrictions, and refrain from bypassing security measures, CAPTCHAs, or other controls intended to regulate automated access.

We may limit or restrict automated access to the Services.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where permitted by law, including when these Terms are violated.

Termination does not eliminate payment obligations or other responsibilities that arose before termination.

Provisions concerning intellectual property, feedback, liability, indemnification, governing law, and other terms intended to survive termination will remain applicable.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through the Services, including educational articles and content relating to surfing or outdoor activities, is provided for general informational purposes.

Such content is not a substitute for professional instruction, local safety guidance, or an independent assessment of weather and water conditions.

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis without warranties beyond those expressly provided or required by law.

We do not guarantee uninterrupted or error-free access to the website.

Nothing in these Terms excludes warranties or consumer protections that cannot legally be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Surf the Greats, KWIK Ventures, LLC, and their respective affiliates, employees, contractors, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services or products purchased through them.

These limitations apply only to the extent permitted by applicable law and do not exclude liability or consumer remedies that cannot legally be limited or waived.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Surf the Greats, KWIK Ventures, LLC, Shopify, and their respective affiliates, employees, contractors, and service providers against third-party claims arising from your unlawful use of the Services, violation of these Terms, or infringement of another party's rights.

Any indemnification obligation is subject to applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with the policies referenced herein, constitute the agreement governing use of the Services, subject to applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may transfer or assign our rights and obligations in connection with a business transaction or reorganization, subject to applicable legal requirements.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict-of-law principles.

Subject to applicable law, disputes arising from these Terms will be handled by courts of competent jurisdiction in Illinois.

Nothing in this section limits mandatory consumer protection rights or remedies available to customers in Canada or the United States, including rights that cannot legally be waived through a choice-of-law or jurisdiction provision.

SECTION 23 - HEADINGS

Section headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

The most current version of these Terms will be available on this page.

We may update these Terms periodically by publishing revisions on our website.

Material changes will be communicated where required by applicable law. Changes will take effect as specified in the applicable notice or updated Terms.

SECTION 25 - CONTACT INFORMATION

For questions about these Terms of Service, please contact:

Surf the Greats
Operated by KWIK Ventures, LLC
119 S Western Ave Unit 1 #345
Chicago, IL 60612
United States

Email: aloha@surfthegreats.org