Website Terms of Use

This Terms of Use Agreement (“Agreement”) is made by and between Hobie Cat Company II LLC, a Delaware Company, with offices at 4925 Oceanside Blvd., Oceanside, California, 92056 (“Hobie”) and you (“you”, “your” or “User”). This Agreement contains the terms and conditions that govern your use of this website.

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

THE AGREEMENT POSTED AT THIS LINK IS THE MOST RECENT VERSION OF THIS AGREEMENT AND SUPERSEDES ANY OTHER AGREEMENTS. HOBIE CAT RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT FROM TIME TO TIME, IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU. CONTINUED USE OF ANY PART OF THIS SITE OR RELATED SERVICES SERVES AS YOUR ACCEPTANCE OF SUCH CHANGES.

1. Restrictions on Use.

All pages within this website and any material made available for download (collectively the “Site”) are the property of Hobie Cat and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be modified or distributed in any form without the express written permission of Hobie Cat. You may only reproduce the Site as necessary to view and interact with the Site for your own private, personal use and shall keep intact any proprietary notices, including copyright and trademark notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by this Agreement or any applicable end user license agreements are reserved by Hobie Cat.

Hobie Cat may, in its sole discretion, restrict or terminate your access to all or part of the Site. Hobie Cat also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

2. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, RELATED SERVICES, AND HYPERLINKED WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Hobie Cat attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Hobie Cat so that it can be corrected. Information contained on the Site may be changed or updated without notice.

3. Use of Related Services

Hobie Cat's websites may contain services that include, but are not limited to forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Related Services”). You agree to use Related Services only to post, send and receive messages and content that are proper and pertain directly to Hobie Cat and the particular Related Service.
Among other actions, when using Related Services, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:

you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
solicits funds, advertisers or sponsors;
includes programs that contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
includes MP3 format files;
amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
contains hyperlinks to other Sites that contain content that falls within the descriptions set forth above.

Hobie Cat reserves the right to monitor use of this Site and Related Services to determine compliance with this Agreement, as well as the right to remove, refuse, shorten or otherwise edit any information or content posted to the Related Services for any reason. Materials uploaded to the Site or Related Services may be subject to limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Hobie Cat nor any third party that provides content to Hobie Cat will assume or have any liability for any action or inaction by Hobie Cat or such third party with respect to any submission. Hobie Cat cautions you against giving out any personally identifying information about yourself or your children in any Related Service. Hobie Cat does not control or endorse the content, messages or information found in any Related Service and, consequently, Hobie Cat specifically disclaims any liability with respect to the Related Services and any actions resulting from your participation in such services. Managers and hosts are not authorized Hobie Cat spokespersons, and their views do not necessarily reflect those of Hobie Cat.

4. Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Hobie Cat or the party that provided the trademarks, services marks, logos, and copyrighted works to Hobie Cat. Hobie Cat and any party that provided trademarks, service marks, logos, and copyrighted works to Hobie Cat retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. Further information regarding Hobie Cat’s trademarks can be found here.

5. Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hobie Cat's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Hobie Cat and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Hobie Cat’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Attn: Legal Dept.
Hobie Cat Company II LLC
4925 Oceanside Blvd.
Oceanside, CA 92056
phone: 760-758-9100
fax: 760-758-1841
e-mail: [email protected]

6. Confidential and Proprietary Information

Hobie Cat does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Hobie Cat through the Site or Related Services will be deemed NOT to be confidential. By sending Hobie Cat any information or material, you grant Hobie Cat an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Hobie Cat is free to use any ideas, concepts, know-how, or techniques that you send us for ANY purpose.

7. Links or Pointers to Other Sites

Hobie Cat makes no representations whatsoever about any other website that you may access though this Site. When you access a non-Hobie Cat website, please understand that it is independent from Hobie Cat, and that Hobie Cat has no control over the content on that website. In addition, a hyperlink to a non- Hobie Cat Website does not mean that Hobie Cat endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

8. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Hobie Cat that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You are strictly prohibited from altering this Site or Related Services in any way (including co-branding or framing of the Site or Related Services) and from attempting to access or harvest information from any portion of the Site or Related Services to which you have not been explicitly granted access.

9. Limitation on Liability

HOBIE CAT, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HOBIE CAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HOBIE CAT AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO HOBIE CAT FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

10. Indemnity

You will indemnify and hold Hobie Cat, its subsidiaries, affiliates, partners, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the terms of this Agreement by you, including any use of the Site or Related Services or anything included, displayed or transmitted on or through the Site or Related Services other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or Related Services.

11. Class Action

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS AND COMPLAINTS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HOBIE CAT ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

12. Choice of Law and Venue

This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney's fees.

13. Severability

In the event that any of the terms of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and Hobie Cat pertaining to the subject matter of this Agreement. In its sole discretion, Hobie Cat may modify this Agreement by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the agreement on this Site at that time.