Inboard warrants all products sold by Inboard to be free of defects in material and workmanship for a period of one (1) year from the date of purchase (date of shipping in the case of pre-orders) unless otherwise specified on the product. If a product is found to be defective by Inboard, in its sole discretion, Inboard’s only responsibility will be to replace the defective product. Inboard will not be responsible for any costs, losses or damages incurred because of the loss or use of any of its products, and Inboard specifically disclaims all claims for consequential and incidental damages.
This limited warranty is subject to several important restrictions:
Inboard understands that in the normal course of using its product, you may need to change the bushings, front-truck, front-wheels, the front-wheel bearings and front-riser. If, upon its inspection, Inboard discovers that you have modified, changed, or altered the product in any way other than as described, this limited warranty is waived.
Inboard gives no warranty regarding the life of the batteries used in its products. Actual battery life may vary depending on a number of factors, including the configuration and usage of a product.
You use our products is at your own discretion and risk. You will be solely responsible for (and Inboard disclaims) any and all loss, liability or damages resulting from your use of our products , including loss of life, personal injury, or the loss of or damage to computer, mobile device, and all other property. Inboard does not guarantee or promise any specific level of performance or battery life associated with the use of its products or any feature of them.
ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED TO THE DURATION OF THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY STATE LAW AS HEREBY LIMITED, THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, AGREEMENTS AND SIMILAR OBLIGATIONS OF MANUFACTURER OR SELLER.
Welcome to Inboard Technology Inc.’s Terms of Service for our website (“Site”) and our mobile application (“App”). This is an agreement (“Agreement”) between, Inboard Technology, Inc. (“Inboard" “us,” “our,” or “we”), and you, a user of our Site or App or another of our services (each a “Inboard Service”). By clicking agree or by accessing our Site or using any Inboard Service, you agree to be bound by this Agreement and Inboard’s Privacy Policy.
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE APP OR THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE INBOARD’S APP OR OUR WEBSITE.
Users of our app and our site must be 18 or above. If you are under the age of 18 please stop using our Site and Service immediately. INBOARD ACCOUNTS
To use our Service, you are required to create a unique profile called an “Inboard Account”. Account registration requires you to submit certain personal information, as is further described in and governed by our Privacy Policy. You agree to submit accurate, up-to-date, complete, and truthful information when creating an Inboard Account. We have the final discretion in granting accounts and reserve the right to reject users without explanation. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of the username and password assigned to your Inboard Account. You may only possess one Inboard Account.
When creating an Inboard Account, you will be asked to designate a preferred payment method. Inboard does not collect or retain payment card information. Instead, our payment processing partner—Stripe—handles payments on our behalf.
The use of the Inboard App is governed by the following end user license agreement. By downloading and using the App, you acknowledge that this end user license agreement is between you and Inboard, not Apple, and that Inboard, not Apple, is solely responsible for the App.
Scope of License: Subject to these Terms of Service, Inboard grants you a non-transferrable, non-exclusive license to use the Inboard App for your personal use. Also subject to these Terms of Use, Inboard grants you a non-transferrable, non-exclusive license to use a copy of the App downloaded solely in connection with the other Inboard Services to your iPhone, iPad, or iPod Touch.
Certain Restrictions: The rights granted to you by these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Inboard Service or the App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Inboard Services or the App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access the Inboard Services or the App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of the Inboard Services or the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of the Inboard Services or the App shall be subject to these Terms of Use, unless otherwise provided in terms associated with such addition.
Modification: Inboard reserves the right, at any time, to modify, suspend, or discontinue the Inboard Services or the App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-app purchases. You agree that Inboard will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Inboard Services or the App or any part thereof.
Ownership: The App provided to you is licensed to you and not sold. Inboard (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Inboard Services and the App. These Terms of Service are not a sale and they do not convey to you any rights of ownership in or related to the App. The Inboard name, logo, and the product names associated with the Inboard Service belong to Inboard, Inc. (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Inboard (and its licensors, where applicable) reserve all rights not granted in this Agreement.
Certain features of the Inboard App or Site allow you to post, submit, publish, share, store, or manage (a) ideas, opinions, recommendations, data and information, including Information and (b) literary, artistic, musical, or other content, such as photos and videos (both “Content”). By posting or publishing Content, you represent and warrant to us that you have all necessary rights to distribute Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Content. You further represent and warrant that none of the Content you post or publish contains financial, privileged, confidential, personally identifiable or personal information of any kind whatsoever. You hereby grant to Inboard and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit information and Content as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) the Inboard Service, App or Site and in accordance with these Terms of Service.
You further acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Inboard Service, App or Site.
Inboard Services may be made available or accessed in connection with third party services and content (including advertising) that Inboard does not control. You acknowledge that different terms of use or service, and different privacy policies may apply to your use of such third party services and content.
You are solely responsible for your use of the Services, App or Site, and for any use of Inboard Services, App or Site made using your account. You agree not to access, copy, or otherwise use Inboard Services, the App or the Site, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Inboard. Without limiting the generality of the foregoing:
If you order our products or services using our site, please see our Terms of Sale for additional details on payment terms and our warranty policy.
We do not guarantee that the App, Site or Services will always be available, work, or be accessible at any particular time. Only users who are eligible to use our App, Site or Services may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App, Site or Services will work as advertised, or that it will give you the desired results.
You agree that you are responsible for all taxes and fees associated with your use of the App, Site and any Service. Although we may deduct nexus taxes or other taxes, you agree that if we do not, you will pay any associated taxes, levies, or fees.
Inboard is not responsible for your violation of any laws while using our App, Site and Services. Users must comply with all local, state, or federal laws regarding your use of our App, Site and Services. Our App, Site and Services are void where prohibited.
The design of the App, Site and Services, along with Inboard created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Inboard, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Inboard reserves all rights not expressly granted in and to the App, Site and Services. You agree to not engage in the use, copying, or distribution anything contained within the App, Site or Services unless we have given express written permission.
OUR APP, SITE AND/OR SERVICES ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR APP, SITE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR APP, SITE OR SERVICES MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR APP, SITE OR SERVICES, MERCHANTABILITY OF OUR APP, SITE OR SERVICES OR THAT OUR APP, SITE OR SERVICES ARE NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP, SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE APP, SITE OR SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE APP, SITE OR SERVICES WILL BE CORRECTED, OR THAT THE APP, SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. INBOARD IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR APP, SITE AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP, SITE OR SERVICE.
IN NO EVENT SHALL INBOARD ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE APP, SITE OR SERVICES OR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, SITE OR SERVICES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, SITE OR SERVICES TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OR INCLUDED IN OUR APP, SITE AND SERVICES, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR APP, SITE OR SERVICES FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR APP, SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE INBOARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Inboard, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the Inboard App, Site, or Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Inboard and its App, Site and Services may only be used by persons 18 years and older. If you are under 18 please stop using our App, Site and Services, and do not submit any information to us.
All matters relating to the App, Site or Services, and these Terms of Service and any dispute or claim arising under or relating to the App, Site, Services or these Terms of Service, shall be governed by and construed in accordance with the internal laws of the state of California, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
Any dispute relating in any way to your use of the App, Site, or Services, shall be submitted to confidential arbitration in California, U.S.A, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Inboard App, Site, or Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms of Service shall imply any obligation to grant any similar, future or other waiver.
You agree that Inboard is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Inboard shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend your Inboard Account, or our App, Site, and/or Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our App, Site and Services.
The communications between you and Inboard use electronic means, whether you use our App, or visit the Site, or send Inboard e-mails, social media, or other messages, or whether Inboard posts notices on the App, Site, or Service or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from Inboard in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Inboard provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Inboard must be addressed to our agent for notice and sent via certified mail to: Inboard Actions Sports, 2636 S Rodeo Gulch Rd, Unit D, Soquel, CA 95073. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Welcome to Inboard Technology, Inc.’s (“Inboard”) online store. When you purchase products from our online store, you agree to be bound by these terms and conditions (“Terms and Conditions”) and any other terms we may supply, including but not limited to our Terms of Service and our Privacy Policy.
PLEASE READ THE TERMS OF SALE CAREFULLY BEFORE PURCHASING OUR PRODUCTS. BY PURCHASING PRODUCTS FROM INBOARD, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. YOU ARE ALSO REPRESENTING AND WARRANTING THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO PURCHASE AND USE OUR PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PURCHASE INBOARD’S PRODUCTS.
Our online store and the products offered in our online store are for retail sales to private consumers only and not for resale. If you are interested in wholesale or distribution of our products, please contact Inboard at: sales@inboardtechnology.com.
You will be charged at the time you place your pre-order. All pre-orders are handled by Stripe, our third party payment processing partner. When you place a pre-order, you are expressly agreeing to these Terms of Sale, as well as our Privacy Policy. Please remember, the pre-order price does not include duties, taxes and other governmental charges. You are solely responsible for those other charges.
By providing a payment card, you represent and warrant that you are authorized to use the payment card and that you authorize Stripe—our third party payment processor—to charge your payment card for the total amount of your order (including all applicable taxes and other charges). If the payment information you supply us is rejected or we cannot otherwise process your transaction, your order may be canceled, suspended, or delayed. It is your responsibility to resolve any payment problems Inboard encounters while processing your order. If you wish to alter, amend, or change your payment information, you can do so at any time by logging into your Inboard account, and updating your payment information.
All products offered on Inboard’s site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for our products are subject to change at any time, but changes will not affect any order(s) you have already placed.
Prices for the products offered for sale in our online store do not include shipping costs. Our delivery charges and methods are as described on our website from time to time. Title for products purchased from our online store passes to the purchaser at the time of delivery by Inboard to the freight carrier, but Inboard and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you.
The products available on the store have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The products available on our online store are not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the product is destined. We are not liable or responsible if you break any such law.
If you want to return or exchange anything you bought from us, no problem. You have 30 days from the date of shipping to make sure what you ordered from Inboard is right for you. If you aren’t 100% satisfied with your purchase, you can return your order for a refund, store credit, or exchange — your choice. Please note that any product you return needs to be in new condition and with the original tags or packaging to be eligible for a refund or exchange. Inboard reserves the right, at our sole discretion, to determine whether a returned product is in new condition. We will return/refund the full amount you paid less the shipping.
You are responsible for return shipping charges and any damage that may occur in transit.
By placing an order for Inboard’s products, you agree and understand that Inboard may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Inboard may also share such data with its subsidiaries and affiliates. Inboard will protect your information in accordance with our Privacy Policy. Inboard works with other companies that help it provide our products to you, such as freight carriers and credit card processing companies, and you hereby acknowledge that Inboard may have to share certain information with these companies for this purpose.
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) INBOARD BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF INBOARD KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) INBOARD’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO INBOARD OR INBOARD’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. INBOARD DISCLAIMS ALL LIABILITY OF ANY KIND OF INBOARD’S LICENSORS AND SUPPLIERS.
Any dispute relating in any way to your use of the products or these Terms and Conditions, shall be submitted to confidential arbitration in California, U.S.A, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the sale or use of Inboard’s products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
All matters relating to these Terms and Conditions and any dispute or claim arising under or relating to the products or these Terms, shall be governed by and construed in accordance with the internal laws of the state of California, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
You agree that Inboard is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms and Conditions are deemed to conflict with each other’s operation, Inboard shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions to any other party at our discretion.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Inboard must be addressed to our agent for notice and sent via certified mail to: Inboard Technology Inc., 2636 S. Rodeo Gulch Rd, Unit D, Soquel, CA 95073. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Inboard Technology, Inc. (“Inboard”) takes your privacy and the security of your information very seriously, and we encourage you to read this privacy policy carefully to understand how we collect and handle your information. This policy describes the type of information our website and our mobile app collect from you, and the steps we have taken to protect that information.
Inboard collects personal information you share with us when using our website, app or services. This information may include your name, address, telephone number, and email address, when you use our website, app or services. We use this information to provide you with our services, to improve the relevance of our communication, and to enhance the quality of website and our app.
Here are some links to help you navigate our privacy policy:
WHAT DOES INBOARD DO? WHAT INFORMATION DOES INBOARD COLLECT FROM ME? WHAT DOES INBOARD DO WITH THE INFORMATION IT COLLECTS? DOES INBOARD USE COOKIES OR BEACONS? DOES INBOARD COLLECT PAYMENT CARD INFORMATION? DOES INBOARD TRACK MY ACTIVITY ACROSS OTHER WEBSITES? CAN I CHOOSE TO STOP RECEIVING MARKETING MESSAGES FROM INBOARD? CAN CHILDREN USE THE INBOARD WEBSITE OR APP? WHAT IF I LIVE OUTSIDE THE UNITED STATES? WHAT IF I FOLLOW A LINK TO A THIRD-PARTY WEBSITE? HOW DOES INBOARD PROTECT MY INFORMATION? WILL INBOARD CHANGE THIS PRIVACY POLICY? HOW DO I CONTACT INBOARD?If you have additional privacy or information security questions after reading this Privacy Policy, please contact us at hello@inboardsports.com.
Inboard Technology Inc. manufactures and markets the most advanced lightweight electric transportation products in the world. By enlisting the collaborative efforts of designers, engineers, and athletes, Inboard creates transportation technology that flows.
Inboard collects certain information from you when you share that information with us and when you use our app, our website and related services.
Personal Information: When you create an Inboard Account, use our app, purchase a product, contact us, or participate in an online survey, Inboard collects personal data, by itself or through third parties, including your name, your height and weight, mailing address, phone number, email address, telephone number, and contact preferences.
App Data: Inboard collects information about you from our App. This includes preferred language, your phone number, the make and model of your phone, the name of the mobile operating system running on your phone, the type of browser you are using, your IP address or other unique identifier, and your location. In addition, when you use our App with our boards, we collect information about how far the board travels per session, the board’s average speed, its battery utilization, and the board model you are using. We call this information “App Information.”
Analytics Information: Inboard has partnered with select analytics partners (“Analytics Partners”) to collect information about how our website is used. Our Analytics Partners may collect information about how many times you visit our website, what you visit when you explore our website, what parts of our website you access, and what other sites you visit before and after visiting our website. You can learn more about our Analytics Partners by clicking here.
Site Visit Information: Inboard also collects certain types of non-personal information whenever you visit our website. This information helps Inboard operate our app and our website, and provide other services, including advertisements, ad serving, and technical support. By “Site Visit Information” we mean information that does not identify you personally, such as IP address, device information, and browser information.
Inboard collects information from you to provide services, and to alert you to exciting opportunities, and to improve the quality and functioning of our website. Inboard does not sell or lease the information you share with third-parties. You should read this section carefully to learn more about what we do with the information you share with us.
Inboard uses Personal, App, Analytics, and Site Visit Information you share with us to enhance the quality of our Services, our App and our Site, to communicate with you, for warranty and repair purposes, and to market additional products and services to you. We may also share your information with our affiliates and subsidiaries. Don’t worry; our affiliates and subsidiaries will be bound by this privacy policy and our terms of use.
Inboard may share your Personal, App, Analytics, and Site Visit Information with certain third party vendors, services providers, contractors, or agents that provide certain services to us such as: payment processing, order processing, customer relationship management, database storage and management, advertising, and direct marketing campaigns.
Inboard may also disclose, at its sole discretion, your Personal, App, or Site Visit Information as required by law, or to comply with a legally binding request—like a subpoena, warrant, or similar legally enforceable request for information.
“Cookies” are electronic files many websites place on a visitor’s computer to store information that makes each visit to a respective site more efficient. Inboard uses both “session” and “persistent” cookies on its website. A session cookie stores information about you only while you are visiting our site, and is then deleted when you leave our site. Persistent cookies store information about you, your preferences, and information about other websites you visit, and it remains on your computer or device after you leave our website. To remove cookies, you may configure your browser to clear all cookies, or configure it to reject cookies whenever you visit a new website. Please consult your browser’s user guide for specific instructions on removing cookies.
“Beacons” are small graphic files with a unique identifier that are used to track a web or mobile site user’s online movements. Unlike cookies, beacons are embedded on websites, not downloaded on your computer or device. Inboard uses beacons to better manage content on our website and to improve the use and efficiency of our app.
As we discussed above, Inboard works with our Analytics Partners to improve the quality of our website, and to give you access to more relevant information. Our Analytics Partners may use session and persistent cookies, tracking beacons or other monitoring technologies. To learn more about our Analytics Partners please click here.
Inboard partners with Stripe, a leading payment service provider, to process credit and debit card transaction completed through its website. Your credit or debit card information is never shared with Inboard, and at no point in any transaction do we have access to that data. You should consult Stripe’s terms of use to learn more about how it processes credit and debit card transactions for Inboard by visiting https://stripe.com/us/terms.
When you visit our website, we automatically collect the name of the website you visited from (called the “referring page”) and the name of the website you chose to visit immediately after ours (called the “exit page”), and information about other websites you have recently visited. This information is used to improve our website, but we cannot identify you from any information we receive from cookies (see DOES INBOARD USE COOKIES OR BEACONS?) Inboard does not honor the “Do Not Track” settings available on most browsers. When Inboard’s website detects the Do Not Track signal from your browser, it will still collect referring and exit page information and other information when you visit our website.
Inboard may send you newsletters and other messages, including marketing emails, about exciting developments with our business, and to alert you to relevant advertisements and other opportunities. We will only send you communications if you give us express permission to do so by completing a form on our app or our website. You can always choose to stop receiving newsletters or other communications from us by clicking the “unsubscribe” link at the bottom of an Inboard marketing message.
Our website and our app are not directed at children under 18, and we do not knowingly collect personal or other information from children under 18. Simply put, Inboard does not permit children users under the age of 18 to use our website to create accounts, or to perform any other type of activity. If you are the parent of a child under the age of 18, and you believe he or she has shared information with Inboard, please contact us at hello@inboardtechnology.com so we can remove their information from our systems.
Inboard is based in the United States, and our data services are hosted there. If you are visiting our website from or using our services in another country, the laws governing our collection and use of personal information may be different from the laws of your country. If you decide to visit our website, use our app, or share your personal information with Inboard, you are agreeing to be governed by the laws of the United States, and you are expressly consenting to the transfer of your data to the United States for processing.
Inboard’s website and our app may contain links to third-party websites. Those websites are governed by their own privacy and data use practices and policies. Inboard does not have control over the privacy practices of the advertisers or other third-parties operating these websites, and we have no control over how these third parties collect or use the information you chose to share with them.
Inboard takes the security of your personal information very seriously. Inboard uses reasonable administrative, physical, and technical safeguards to secure the personal information you share with us. Despite these safeguards and our additional efforts to secure your information, Inboard cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third-parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personal information.
Inboard may update our privacy policy to reflect changes to our website and our information practices. If we make any material changes, we will notify you by posting a notice on our website with a link to our revised policy, and we may contact you if you have supplied us with a valid e-mail address. We encourage you to periodically visit this page for the latest information on our privacy practices.
For questions about this privacy policy or about Inboard’s privacy and information security practices generally, you can contact Inboard at hello@inboardtechnology.com or write us at Inboard Technology Inc., 2636 S Rodeo Gulch Rd, Unit D, Soquel, CA 95073.
Inboard’s Analytics Partners help us improve the quality of our site, and improve the relevance and frequency of advertisements you receive. We have carefully selected each of our Analytics Partners, and are confident they take your privacy as seriously as we do.
Our Analytics Partners use a variety of techniques to collect de-identified, non-personal information about your visit to our website. These techniques are discussed in the DOES INBOARD USE COOKIES OR BEACONS? section of our privacy policy, and may include session and persistent cookies, web-beacons, and other tracking technologies.
In order to make sure you understand how our Analytics Partners handle your information and how they interact with our site, app, or services, we’ve listed each of our Analytics Partners below, explained what they do, and shared hyperlinks to their Terms of Use. You should visit these pages, as Inboard has no ability to control or monitor our Analytics Partners’ data collection or data use practices.
Google Analytics - Inboard partners with Google Analytics to provide insight into our site, and to improve the relevance of advertisements you receive. Google Analytics’ terms are available here: http://www.google.com/analytics/terms/us.html
MailChimp - Inboard partners with MailChimp to send email campaigns to customers, clients and other interested parties. MailChimp also helps us manage subscriber lists, build campaigns and review campaign reports. Terms for Mailchimp are available here: http://mailchimp.com/legal/terms/
Shopify - Inboard partners with Shopify to publish and manage our website, Inboardskate.com. Terms for Shopify are available here: http://www.squarespace.com/terms-of-service
Cybersource - Inboard partners with Cybersource to handle our payment system through our website and app. Terms for Stripe are available here: http://www.cybersource.com/content/dam/cybersource/CMSA.pdf
RushOrder - Inboard partners with RushOrder to process, fulfill, and ship our orders from our website. Terms for RushOrder are available upong request here: http://rushorder.com/about-us/
Disqus - Inboard partners with Disqus to host user comments on our website. Terms for Disqus are available here: https://help.disqus.com/customer/portal/articles/466260-terms-of-service
For information on how to opt-out of the services our Analytics Partners provide, you can visit the Digital Advertising Alliance’s Consumer Choice website at: http://www.aboutads.info/choices/