COPYRIGHT INFORMATION, GUARANTEES, PROPERTY, POLICY AND DISCLAIMERS
Some of the content (“Content”) you see and may upon occasion hear on the Serf to Surf Web Site, including, the Serf to Surf logo, Serf to Surf, The Shape of Evolution, TROPIKISS, BODYSEX, BEACHSEX, FOOTSEX, TUSH, LICKYDESPLIT, BHS, PHAT TAT, Face Phirst, ADIOS, GONZOON, Pedicure Skate raid, PULSE, Playground Ocean, Playground Mountain, Playground World, Playground Whistler, The Perfect Union of Human and Nature, The Perfect Union of Mother and Nature, Will You Make The Cut?, West Coast Easy, and all other graphics which are marked with a © or TM are protected by copyright © Charles P. “Carlos” Herbst 2000, 2001, 2002, 2003, 2004,2005, 2006, 2007, 2008, 2009, 2010 and are the property of Charles P. “Carlos” Herbst, and are reproduced and used under a licensing agreement ONLY.
All images and graphics and their exact time and date of creation are analogue in Adobe Illustrator and stored on the hard drive as well as a cd rom so there will be no doubt as to who has the first rights to these copyrighted images and names and when they were created. Trademark and/or trademark application(s) have been initiated and for example, all of the images, illustrations, graphics, text, and code are also copyrighted under Canadian law and protected by worldwide copyright laws and treaty provisions. All of the trademarks and copyrights in the content are owned by Charles P “Carlos” Herbst and will be so designated by copyright and or by trademark registration processes. Some may possibly be owned by third parties who have licensed their materials to Serf to Surf Products Incorporated. The entire Content of this web site is copyrighted as a collective work under Canadian copyright laws and is owned exclusively by Charles “Carlos” Herbst.
1. FORMULAE
Charles Herbst is the owner of all formulas as well as all of their derivatives. All rights of any kind, which are not expressly granted by License, are entirely and exclusively reserved to and by Charles Herbst. You may not sell, rent, lease, transfer, modify, translate, reverse engineer, or create derivative works to sell based on any of these formulas unless formulas have been created expressly and exclusively for a client under a mutually negotiated signed contract and for a negotiated fee which has been paid in full. At such time said formula will be delivered to and will become the property of the client and a non disclosure agreement will be enacted. Research and development of a particular product is a billable service and does NOT entail the client’s ownership to the developed formula. Under no circumstances do private label clients have or retain any rights to formulas used in the manufacture of their products. Formulas supplied by clients who have entered into a contractual manufacturing/distribution agreement with Serf to Surf Products Incorporated retain the rights and exclusivity to all supplied formulae and are protected by a signed Non Disclosure Agreement. Reverse engineering of ANY of the proprietary formulae, developed and exclusively owned by Mr. Herbst will be prosecuted to the full extent of the law.
2. GRAPHIC DESIGN AND LABELING
All graphics which were developed and designed by Carlos or a contracted artist in the employ of Serf to Surf Products Inc., as part of a private label project are the exclusive property of Charles P. Herbst unless graphics and/or labeling have been created expressly and exclusively for a client under a mutually negotiated signed contract and for a negotiated fee which has been paid in full. At such time said graphics will be delivered to and will become the property of the client.
You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Carlos (*except where noted)
3. SUBMISSIONS
We welcome your comments regarding the Serf to Surf Web Site. However, any notes, messages, ideas, suggestions or other communications sent to Serf to Surf through the Serf to Surf Web Site will become the exclusive property of Serf to Surf Products Incorporated. Serf to Surf Products Incorporated will be entitled to use, reproduce, disclose, publish and distribute any material you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. The only exclusion to this entitlement shall be in the case of published contests or agreements which may from time to time be offered by Serf to Surf Products Incorporated. In this case the rules and contractual agreements pertaining to the specific event or contest will take precedence over ONLY the relevant submitted materials. For this reason, we ask that you not send us any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork unless it is preceded by an NDA. If you are not sure, ASK prior to submission.
4. PRIVACY POLICY STATEMENT
For each visitor to our Web page(s) at Serf to Surf, our web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We collect information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to improve the content of our web page and used by us to contact consumers for marketing purposes. This information is not shared with other organizations for commercial purposes. If you supply us with your postal address on-line you will receive only the information for which you provided us your address. If you supply us with your E-mail address, we use it to keep you updated with changes made to the content of our web pages and new products as they come available only if requested. If for some reason you no longer wish to continue to receive E-mail from Serf to Surf, Please reply back to us with an E-mail that reads “Unsubscribe” and we will be happy to remove you from our list.
5. DISCLAIMERS
Disclaimer: There is nothing at this Web site or contained within this Web site that should be construed or interpreted to be medical advice. If you have a serious medical condition, please consult a medical professional. All of our products should be used with the same reasonable care & cautions as any other bath, body, household, or cosmetic product that you use. Although our products use natural ingredients and are all handmade, this does not preclude the possibility that you might have an allergic reaction to using any of our products. If you experience any discomfort or abnormal irritation when using any of our products, discontinue use and consult a medical professional. The information provided here or elsewhere on this site is not intended to constitute professional medical advice for treatment. We encourage you to consult your personal physician with any questions you may have regarding a medical condition.
The Serf to Surf web site is operated by Serf to Surf Products Incorporated on an “as is,” “as available” basis, without representations or warranties of any kind. Serf to Surf disclaims any and all representations and warranties with respect to this site or its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose. Without limiting the foregoing, Serf to Surf Products Incorporated does not represent or warrant that the information on the Serf to Surf web site is accurate, complete or current or that the Serf to Surf web site will operate without interruption or error. Specifications, product designs and prices are subject to change without notice.
6. LIMITATIONS ON LIABILITY
Under no circumstances, shall Serf to Surf Products Incorporated or any of their employees, directors, officers, agents, web designer, web hosting company, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Serf to Surf web site, nor will Serf to Surf Products Incorporated or any of its employees or officers be liable for any damages caused by improper use of any Serf to Surf products.This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in an action of contract, negligence or other tortuous action, even if an authorized representative of Serf to Surf has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the Serf to Surf web site or any content on the site, or with the Serf to Surf terms of use, your sole and exclusive remedy is to discontinue using the Serf to Surf web site.
Guarantees/Refunds All Serf to Surf brand products are covered by a 100% money back guarantee if defective assuming that defects are a direct fault of production on our part. This includes label production. Refunds will be honored for any defective merchandise. Please contact your customer service rep for prompt attention. We assume no responsibility for products which are deemed defective or suffer damage due to shipping or customs exposure or neglect. All claims, defects, product shortages and damages must be made within 60 days.
Private Label Private labeled products are created expressly for the client at the quantities and flavors/fragrances and styles requested. Private label products are also prepaid due to this fact. As they cannot be restocked or resold in a reasonable time there are no refunds on private labeled products. It is the responsibility of the client to exercise due diligence in regards to local import legislation, in regards to any of the essential or carrier oils included in the manufacture of provided products. It is the responsibility of the client to review and correct labeling that does not conform to the health and labeling regulations of your particular country. As these laws and regulations vary from country to country and region to region it is impossible for us to research each and every regulation. Labeling, once accepted and signed off by the client will be subject to a fee if re-writing and re-application apply. The customer will also be responsible for return shipping charges to enable re-labeling and return to the client.
Private label claims must be made upon receipt of shipment
Orders for SERF to Surf merchandise can be delivered worldwide but we suggest you review our dealer database for a local dealer prior to ordering online as it could save you the shipping charges All prices are listed in Canadian funds.
Ordering – All online transactions are via a secure SSL server. Orders can be placed from our web site at any time using our secure online shopping cart. We use SSL technology (secure socket layer — the industry standard and among the best software available today for secure commerce transactions), so all your information is encrypted as it is transmitted. For extra security, we do not store your credit card information. You will therefore need to re-enter your credit card information each time you shop .Enforcement of Terms of Use
By accessing and using the Serf to Surf web site, you agree that your access to and use of the Serf to Surf web site is subject to these Terms of Use, as well as all applicable laws, as governed and interpreted pursuant to the laws of British Columbia, Canada.
7. MODIFICATION OF TERMS OF USE
Serf to Surf Products Incorporated reserves the right, at any time, to modify or update these Terms of Use and, by accessing and using the Serf to Surf Web Site, you agree to be bound by any such modifications or updates.
Serf to Surf Products Incorporated. Corporate headquarters
259 Hastings Street East, Vancouver. BC. Canada V6A 1P2 Canada
Charles P. Herbst Founder/President/CEO
