Legal
Terms of Service
Legal terms governing your use of SurgeSails services.
Last updated: January 2025
Agreement to Terms
By accessing or using SurgeSails' website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.
Use of Services
Eligibility
You must be at least 18 years old to use our services. By using our services, you represent and warrant that you meet this age requirement.
Account Responsibilities
If you create an account, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Providing accurate and complete information
Prohibited Uses
You may not:
- Use our services for any illegal purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services
- Transmit viruses, malware, or harmful code
- Impersonate another person or entity
- Scrape or harvest data from our website
Orders and Payments
Order Acceptance
All orders are subject to acceptance by SurgeSails. We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraud.
Pricing
All prices are in USD and subject to change without notice. We strive to display accurate pricing, but errors may occur. If we discover a pricing error after you've placed an order, we'll contact you for instructions.
Payment
Payment is required at the time of order. We accept major credit cards and other payment methods as displayed on our website. By providing payment information, you represent that you are authorized to use the payment method.
Custom Orders
Custom configured sails are made to your specifications and are non-refundable except as provided in our warranty policy. You are responsible for providing accurate measurements and specifications.
Intellectual Property
Our Content
All content on our website, including text, graphics, logos, images, software, and design algorithms, is the property of SurgeSails and protected by copyright, trademark, and other intellectual property laws.
Your Configurations
When you create a sail configuration using our online tools, you retain ownership of your custom graphics and color choices. However, the underlying sail inventory, load path optimization, and technical specifications remain our intellectual property.
Disclaimers and Limitations
Service "As Is"
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or secure.
Limitation of Liability
To the maximum extent permitted by law, SurgeSails shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising from your use of our services.
Sailing Risks
Sailing involves inherent risks. You acknowledge that you use our sails at your own risk and are responsible for proper installation, maintenance, and safe operation of your vessel.
Indemnification
You agree to indemnify and hold harmless SurgeSails and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of our services or violation of these Terms.
Dispute Resolution
Governing Law
These Terms are governed by the laws of the United States and the state in which SurgeSails is registered, without regard to conflict of law principles.
Arbitration
Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class action lawsuits.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on this page with a new "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.
Termination
We may terminate or suspend your account and access to our services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use our services will immediately cease.
Contact Information
For questions about these Terms of Service, contact us at:
Email: hi@surgesails.com