PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Incite LLC or Degree33. The collective work includes works that are licensed to Incite LLC or Degree33. Copyright 2013, Incite LLC or Degree33 ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Incite LLC or Degree33 or purchasing Incite LLC or Degree33 products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Incite LLC or Degree33 or to purchase Incite LLC or Degree33 products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Incite LLC or Degree33. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Incite LLC or Degree33 used in the site are trademarks or registered trademarks of Incite LLC or Degree33
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Incite LLC or Degree33 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Incite LLC or Degree33 does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Incite LLC or Degree33 does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Incite LLC or Degree33 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Incite LLC or Degree33 has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Incite LLC or Degree33 product is mistakenly listed at an incorrect price, Incite LLC or Degree33 reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Incite LLC or Degree33 reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Incite LLC or Degree33 shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Incite LLC or Degree33 without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Incite LLC or Degree33 may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Incite LLC or Degree33.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Incite LLC or Degree33 products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Incite LLC or Degree33 products) must be commenced within one (1) year after the claim or cause of action arises. Incite LLC or Degree33's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Incite LLC or Degree33 may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Incite LLC or Degree33 or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Incite LLC or Degree33 does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Incite LLC or Degree33 is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Incite LLC or Degree33 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Incite LLC or Degree33 in its sole discretion.
You agree to indemnify, defend, and hold harmless Incite LLC or Degree33, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Incite LLC or Degree33 may link to sites operated by third parties. However, even if the third party is affiliated with Incite LLC or Degree33, Incite LLC or Degree33 has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Incite LLC or Degree33. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Incite LLC or Degree33 seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
30 Day Guarantee
You will have 30 days from the date of shipping/pickup to take your new board out and see how it performs. If during those 30 days you decide that its not the right board here's what you need to do-
1. Call us before the 30 days are up - Tell us why that's not the right board for you.
2. Make sure there is zero damage to the board - The board must be in like new condition with wax removed (pressure dents from feet are ok).
3. Get the board back to our warehouse - If you're local, all you will need to do is set up an appointment and bring it back to the warehouse for inspection. If you're long distance, you will need to box it back up, make sure it is packed as well as when it arrived, and send it back to us.
4. Pick a new board out - Once we have the board back at the warehouse you can pick out a new board.
Exceptions and limitations -
1. If the board is damaged in any way the guarantee is void
2. Use of this guarantee states that the surfboard cannot be returned for refund, only exchanged for other merchandise Degree 33 sells
3. 30 day guarantee does not apply to the second board in which the second board was a replacement fulfilling the 30 day guarantee,
4. Credit amount will be the total paid at time of purchase less any accessories and can be used towards the purchase of Degree33 merchandise.
5. Only applies to Dergree33 boards
Degree33 Surfboards makes every effort to produce boards of the highest
quality and standards in the industry. Every board must pass a quality
control check before leaving our factory to ensure all boards are of the
highest quality. Because of the nature of surfing and paddle boarding
we can not warranty the performance or durability of any board or shape for individual
riders of varying levels of skill and abilities. Furthermore, we can
not guarantee against damage or breakage and can not protect or warranty
against circumstances outside our control once the board is put in use.
This includes but is not limited to, breaking of fins or the fin boxes, cracking or warping of board resins, buckling of the board and/or foam, and sun damage (heat and UV). Regular wear and tear should be expected and is not covered by any
warranty. In addition it should be noted that all our boards are shaped completely by hand and we can not warranty or credit for any cosmetic issues. A cosmetic
issue is considered anything that does not affect the structural
integrity or performance of the surfboard which includes but is not limited to the finish on the surfboard, variations in color, and variations in dimensions. This applies to both stock and custom surfboards. If you deem the issue to be
more than a cosmetic issue please send pictures via email within 3
Business days of receipt.
Refunds and Re-stocking on Surfboards
Refunds can only be issued on completely brand new merchandise that has
never been used. Refunds are a rarity with Degree33, but in the event
that a refund is
necessary, a 5% restocking fee will be deducted from the purchase price,
including but not limited to merchandise that has not been shipped out
or picked up from our warehouse, factories, stores, and reps. This
applies to our stock boards. Custom surfboards are non-refundable once
the deposit has been received by Degree33, and if applicable, a graphic
rendition agreed upon.