Terms & Conditions
Due to the many variations in monitors and browsers, color samples may appear different on different monitors. Computer monitors and hand held mobile devices are not all calibrated equally and color reproduction on the Internet is not precise. Since it is not possible to guarantee our online colors will look the same on all computers or devices we do not guarantee that what you see accurately portrays the color of the actual surfboard. We do our very best to make sure our surfboards are as close to the exact color as possible, but cannot guarantee that what you see is an exact match. Keep in mind the actual surfboard can have color variations due to the different foam constructions and resins used, for instance EPS can have up to a 20% color variance when the resin hits the color.
Note: Also don’t mistake the color name to be what you may think that color should be. Example, just because a color may have the name Pecan, does not mean it will necessarily look like what most people would consider to be a Pecan color. Please do not order using color names as your guide, always use a Pantone number if possible or our numbers. Just because products have the same color name that does not mean they are the same exact color.
Most importantly, Black surfboards and dark colors, sure, they look cool. But... Black will show any imperfections. Even “cosmetic” ones. Dark colors absorb more heat. The darker the board is the more vulnerable it is to delamination. Black boards / dark color glasses with epoxy resin will have a purpleish look due to the UV brightener.
Colors on surfboards may vary from colors ordered by customers due to countless factors such as differences in color modes on image files, browsers, palettes, printer’s ink, etc. Such variances in colors do not constitute acceptable grounds for return. There are no returns due to color variances.
By checking the box on the checkout screen you are agreeing that you have read, understand and agree to these terms. There are no returns due to color variances.
Logos: we will do our best to get you the logo you request. Sometimes we are out of a particular logo. We will try and contact you and get another choice. From time to time the logo might not be positioned exactly as you requested. This also does not constitute grounds for a return.
Gift certificates are invalid if sold through a third party like Craigslist or Ebay. Use of gift certificate is subject to further payment verification, possibly tracing back the origin of purchase and its relation to the person attempting to use the gift certificate. A failure in this or a similar verification process will render the gift certificate invalid.
Rusty Surfboards, Inc. trademarks displayed on this Website are trademarks or registered trademarks of R..& Everything Else, Inc. and its affiliated companies in the United States and internationally. All other trademarks are the sole property of their respective companies. All use prohibited.
Ownership of Website Content
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, FAQs is owned exclusively by Rusty Surfboards, Inc. and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Rusty Surfboards, Inc.. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
Submissions of User Content
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Rusty Surfboards, Inc. or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Rusty Surfboards, Inc., including, for example, #rustysurfboards or #ourkind. Such Submissions may be used on the Website and/or on other Rusty Surfboards, Inc. marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Rusty Surfboards, Inc. to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). Rusty Surfboards, Inc. is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Rusty Surfboards, Inc. without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Rusty Surfboards, Inc. reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Rusty Surfboards, Inc. is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Rusty Surfboards, Inc., including its licensors and/or vendors, and Rusty Surfboards, Inc. does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Rusty Surfboards, Inc. has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, or other information about Rusty Surfboards, Inc. products or services submitted to Rusty Surfboards, Inc. through this Website (“Feedback or Comments”) shall be deemed non-confidential and non-proprietary. Rusty Surfboards, Inc. shall be free to use, reproduce, disclose and distribute such Feedback or Comments in any manner without limitation. Rusty Surfboards, Inc. specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
Feedback and User Content
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback or Comments and User Content originated. You understand that Rusty Surfboards, Inc. does not control, and is not responsible for Feedback, Comments and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Rusty Surfboards, Inc. expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback, Comments and User Content, that you may not rely on said Feedback, Comments, and User Content, and that under no circumstances will Rusty Surfboards, Inc. be liable in any way for any Feedback, Comments and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback, Comments and User Content posted, emailed or otherwise made available. You acknowledge that Rusty Surfboards, Inc. does not pre-screen or approve Feedback, Comments and User Content, but that Rusty Surfboards, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback, Comments and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Rusty Surfboards, Inc. expressly disclaims any liability for such organizations, events or individuals.
You agree not to transmit to Rusty Surfboards, Inc. any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Rusty Surfboards, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Rusty Surfboards, Inc. users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Rusty Surfboards, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
Establishing an Account
Users of all ages are welcome to browse the Website however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
Availability of Products, Services, Features and Content
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. What's more, product inventory on the website may be off at times and we reserve the right to issue you a refund for that corresponding order.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Rusty Surfboards, Inc. is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Certain areas on this Website may contain Rusty Surfboards, Inc. confidential information. A valid user name and password are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Rusty Surfboards, Inc. confidential information, may be a violation of Rusty Surfboards, Inc.'s rights and are strictly prohibited. By accessing Rusty Surfboards, Inc. confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Rusty Surfboards, Inc. agent for notice of claims of copyright infringement ("Copyright Agent"), at
Rusty Surfboards, Inc
8495Commerce Ave, San Diego, CA 92121
You must provide our Agent with the following Notice:
Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
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;
A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature. If valid, Rusty Surfboards, Inc. will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RUSTY SURFBOARDS, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RUSTY SURFBOARDS, INC. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION ON LIABILITY AND INDEMNITY OF RUSTY SURFBOARDS, INC.
You understand that participation in surfing can be dangerous. You expressly agree that surfing brings with it “inherent” risks, including falls and collisions. You recognize that falls, collisions and other incidents and accidents occur and injuries are a common and expected element of surfing and you understand that accidents, injury, illness, incapacity or death can arise in conjunction with participating in surfing. You agree that your participation in surfing is a conscious choice and you agree to accept and assume any and all risks in connection with surfing.
To the fullest extent permitted by law, you further agree to forever release, waive, hold harmless, indemnify, and defend the Indemnified Parties from and against any and all claims, demands, causes of action, liabilities, actions, and any and all medical expenses or other related expenses, including damage to property, asserted by others, by you, or on your behalf, your estate, executors, heirs, or assigns brought under any theory of legal liability, arising directly or indirectly out of your use of the products or services. The above release includes, but is not limited to, any and all damages occasioned in the event of an incident, illness, or other incapacity, death, or damage to property, however caused.
Compliance with Applicable Laws; Export Control Laws
Governing Law; Entire Agreement