PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Atom Surf. By using this site and/or accepting delivery of Atom Surf Products, you agree to be bound by and accept these terms and conditions.
1. Use of this Site. Customer agrees that the use of this site is on an "AS IS" basis, and accepts full responsibility for any viruses, bugs, or any current or potential problems with his or her computer which relate in any way to the use of this site. Customer is prohibited from posting or transmitting from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Further, customer understands that these terms and conditions may change in the future, and that these terms and conditions may not apply to future use of this site or future purchases.
2. Intellectual Property. The content, organization, gathering, graphics, design, software, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a user of any such content or any part hereof is prohibited. The user does not acquire any ownership rights to any content or document in this site.
3. Title and Shipping Charges. Title to Atom Surf Products passes to customer when Products are picked up by carrier or delivered to the carrier by Atom Surf. Loss or damage that occurs during shipping by a carrier is the carrier's responsibility or the customer's responsibility. Prices for Atom Surf Products are exclusive of shipping charges and applicable taxes. FREE shipping offers on atomsurf.com do not apply when Customer uses another discount method such as a Discount Code.
4. Shipping. Atom Surf typically ships products that are in-stock within 24hrs of receipt of order. Orders received by 9am MST Mon-Fri can usually ship that same day. Shipping times on the website are estimates only.
5. Satisfaction Guarantee. Customer may return products purchased over this site for a refund of the purchase price plus any applicable taxes (not including initial shipping charges.) A restocking fee of 15% applies to all returns, and customer pays return shipping charges. All product(s) must be returned within thirty days of purchase to:
212 Sutton Lane
Colorado Springs, CO 80907
6. Limited Warranty. Atom Surf warrants Atom products against defects in workmanship and/or materials to the original retail purchaser for a period of (1) year from the original date of retail purchase. Warranty is limited to manufacturer's defects in workmanship or materials. The warranty is void if the product is damaged due to misuse or abuse, modifications to the product, damage incurred in competition or commercial use, or damage due to improper assembly or repairs. Warranty claims shall be filed directly to Atom Surf via the Atom Surf Warranty / Returns Form. Customers without Internet access can call Atom Surf toll free for warranty assistance - 1 877 627 4100.
WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES ARISING FROM COURSE OF DEALING OR USING OR TRADE. ATOM SURF MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
PRODUCT SUBSTITUTIONS DISCLAIMER:
ATOM SURF RESERVES THE RIGHT TO UPDATE MODEL DESIGNS, OR SUBSTITUTE MODELS WITH GRAPHIC AND/OR COLOR CHANGES. PRODUCT REPLACEMENTS ARE SUBJECT TO ITEM AVAILABILITY. IF AN EXACT REPLACEMENT IS NOT AVAILABLE, REPLACEMENT WILL BE MADE WITH A COMPARABLE ITEM OF EQUAL OR GREATER VALUE.
LIMITATION OF LIABILITY DISCLAIMER:
SELLER SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR DAMAGE OR LOSS OF OTHER PROPERTY, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF PROPERTY OR EQUIPMENT, CLAIMS OF CUSTOMERS OF THE BUYER, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. UNDER NO CIRCUMSTANCES SHALL SELLER'S LIABILITY EXCEED THE PURCHASE PRICE OF THE GOODS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. THE OBLIGATION OF ATOM SURF AND BUYERS SOLE REMEDY UNDER ITS LIMITED WARRANTY IS THE SUPPLY OF A REPLACEMENT FROM REGULAR PRODUCT INVENTORY LINES. ATOM SURF SHALL NOT RE LIABLE FOR ANY OTHER COSTS INCURRED NOR SHALL ATOM SURF BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7. Products. Atom Surf's policy is one of on-going product update, revision, and innovation. Atom Surf may revise or discontinue products at any time.
8. Applicable Law/Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that he or she is buying Atom Surf Products for his or her own use and not for resale. Customer agrees that this agreement was entered into in the state of Colorado, and that any dispute arising hereunder shall be decided in accordance with its laws.
9. Reservation. Atom Surf reserves the right to refuse to sell Atom Surf Products to anyone who, in the sole discretion of Atom Surf, abuses this site or the benefits it provides.
- Atom Surf respects your privacy. The only information that we collect about you is that which you choose to submit to us. We will always give you an opportunity to decline to receive further information
- Other than linking to our Facebook page our site does contain links to other sites. If you are concerned with their privacy practices, please check their sites individually. We are not responsible for their privacy practices.
- You can access your personal account, and make any changes or modifications at will. We'd love to have you update this from time to time.
- We use the latest Secure Socket Layer (SSL) technology to protect your private information while traveling through cyberspace. All credit-card Information Is automatically purged upon completion of each transaction. We're consumers too and have the same concerns you do.
- We offer users the ability to opt-out of receiving communications from us at the point where we request information about you. In addition, there Is an opt-out option with every email sent by Atom Surf. Information on minors that may register is not shared with anyone.