Terms of Service
Last updated: January 9, 2023
The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website located at joinsurf.com, browser extension and application including any content and functionality (collectively, the “Surf Extension”); (b) any text, pictures, media, data, information and other content (collectively, the “Content”) contained on or provided through (a); and (c) all other content, products or services provided by us to you on or through the Surf Extension (collectively, the “Offering(s)”). References in these Terms of Use to the Surf Extension will include where applicable the Content and the Offerings.
These Terms of Use form an agreement between Trufan, Inc. (“Surf”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Surf Extension (“use” or “using” in these Terms of Use will mean any of the foregoing).
BY USING THE SURF EXTENSION IN ANY WAY OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SURF EXTENSION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE SURF EXTENSION.
IF YOU ARE USING THE SURF EXTENSION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Offerings, applications, services or otherwise.
Changes to these Terms of Use and the Surf Extension
Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on joinsurf.com, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to joinsurf.com; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Surf Extension is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Surf Extension. Otherwise, your continued access to or use of the Surf Extension after any changes to these Terms of Use indicates your acceptance of such changes.
We reserve the right to change the Surf Extension at any time, without notice. We may, at our discretion, suspend your access to or use of the Surf Extension or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use the Surf Extension.
User Account
To access certain features of the Surf Extension, you may be required to successfully sign up for a user account (“Surf Account”) using the available interfaces of the services, and establish a username and password login credentials (the “User ID”). If you establish a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person. You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Surf Extension.
We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Surf Extension (or any portion thereof).
Surf is entitled to act on instructions received through your account. Surf is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all actions and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Surf Extension and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Surf Extension under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use.
Electronic Communications
When you use or view the Surf Extension, send e-mails or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on joinsurf.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you elect to receive text messages through the Surf Extension, standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Surf Extension
By creating an account to access the Surf Extension, you acknowledge and agree that Surf will send you service-related e-mails relating to your account, including service updates. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must uninstall, delete and stop using the Surf Extension. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.
Description of the Surf Extension
The Surf Extension is a free browser extension that rewards you for simply browsing the Internet. You can activate the Surf Extension on most major web browsers. By installing the Surf Extension, you consent to and authorize Surf tracking and logging your internet browsing activity (“Browser Activity”) and sharing such Browser Activity with third parties in an aggregated or de-identified form as described in the Surf Privacy Policy. Surf may receive compensation from third parties in connection with such sharing of your Browser Activity with such third parties. You may log into your Surf Account using your User ID to view all of the Browser Activity collected through the Surf Extension in the last 30 days. You can control the Browser Activity that Surf handles through your Surf Account, including the ability to delete any Browser Activity within 24 hours of such Browser Activity being collected by the Surf Extension (the “Data Deletion Period”). In the event you do not delete the Browser Activity within the Data Deletion Period, you will still be able to delete such Browser Activity in bulk within 30 days after which time the data is aggregated or de-identified so that it is no longer associated with you. In exchange for authorizing Surf to track, log and share your Browser Activity, you may receive rewards points, discount codes or other promotional offers in accordance with our Rewards Program described below.
Rewards Program
What is the Surf Rewards Program?
In exchange for authorizing Surf to track, log and share your Browser Activity, you may receive rewards points, discount codes or other promotional offers in accordance with our rewards program described below (the “Rewards Program”). Your participation in the Rewards Program is subject to these Terms of Use. By participating in the Rewards Program, you agree to comply with all applicable terms and conditions as posted on joinsurf.com and as modified by Surf from time to time in accordance with Section 1 of these Terms of Use.
Membership in the Rewards Program is limited to individuals with a valid Surf Account and is limited to one account per individual. No purchase is necessary to become a member. Customers with a valid Surf Account are automatically enrolled in the Rewards Program. Membership is non-transferable.
To the fullest extent permitted by applicable law, we reserve the right to terminate the Rewards Program or modify, alter, limit or otherwise change the Rewards Program at any time, including changes to benefits, membership eligibility and the structure and points system. Any such modification, alternation or change will be done in accordance with Section 1 of these Terms of Use. We reserve the right to exclude individuals from the Rewards Program for any abuse of the Rewards Program, failure to follow any of these Terms of Use, misrepresentation or any conduct detrimental to the proper functioning of the Rewards Program.How do I Earn Points?
The Rewards Program is a digital, online-only, points-based program where members with the Surf Extension may earn points by using the Surf Extension. You can earn points in the following ways:
A maximum of 300 points may be earned per week from browsing. The Rewards Program works on a rolling basis, where browsing related points for missed days can be earned retroactively, up to the daily and weekly maximums.
From time to time, we may offer other ways to earn points, including through hitting certain achievements (e.g., browsing x amount of unique links, having used the extension for y hours, wish listing z items.) or participating in promotional programs.
Points accrued are non-transferable to other members or accounts and have no cash or monetary value.How Do I Redeem Points?
Points are redeemable for gift cards or specific products posted on joinsurf.com. A redeemed product will be provided in the form of a gift card, with a value equivalent to the cost of the product as of the redemption date. Points cannot be redeemed in conjunction with any other discount code or deal.
To redeem your points, go to the rewards page on the Surf web app when you are logged in. Choose a reward you have enough points for, and click redeem on the page.Do my Points Expire?
The accumulated points in your Rewards Program account will expire if your account has neither earned nor redeemed any points in the previous 10 years.
If the Rewards Program terminates, members will no longer be able to earn points but will have 10 years from the effective date of termination to use any accumulated points, after which time the points will automatically expire. If your membership is cancelled, revoked or otherwise terminated, any points in your account will expire upon the effective date of account termination.What if I Refer a Friend to the Surf Extension?
You may refer a friend or family member by following the instructions in the referral page of the web app and participating in our refer-a-friend program (the “Refer-a-Friend Program”). You must only refer individuals with whom you have a personal or family relationship and who you believe would be interested in the Surf Extension. By submitting an email address as part of the Refer-a-Friend Program, you represent that you have the appropriate permission and consent of your friend or family member to provide their information to Surf for the purposes of the Refer-a-Friend Program. If you choose, we will send an email to your friend or family member on your behalf to tell them about the Surf Extension and the Refer-a-Friend Program. We will not use your friend of family member’s information for any other purpose without their consent. You may refer up to 25 friends or family members per day and you will be eligible to earn points on a maximum of 10 successful referrals. We may, at our discretion, suspend or terminate your access to or use of the Surf Extension or any component thereof if you violate any provision of the Refer-a-Friend Program.
User Data and Privacy
BY USING THE SURF EXTENSION, YOU ACKNOWLEDGE AND AGREE THAT SURF WILL BE TRANSMITTING YOUR USAGE DATA (INCLUDING CERTAIN OF YOUR PERSONAL INFORMATION) ELECTRONICALLY TO SURF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SURF WILL NOT BE LIABLE FOR ANY FAILURE TO STORE, OR FOR LOSS OR CORRUPTION OF YOUR USER DATA. YOU GRANT TO US AND OUR AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR AND OUR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, TRANSFERABLE AND SUBLICENSABLE LICENCE TO ACCESS, COLLECT, STORE AND USE YOUR BROWSER ACTIVITY AND ANY OTHER DATA, INFORMATION, RECORDS OR FILES THAT YOU LOAD, TRANSMIT TO OR ENTER INTO, OR THAT WE COLLECT FROM, THE SURF EXTENSION, INCLUDING YOUR PERSONAL INFORMATION (COLLECTIVELY, “USER DATA”): (I) TO DEVELOP, ENHANCE AND MAKE AVAILABLE THE SURF EXTENSION; (II) TO PRODUCE DATA, INFORMATION OR OTHER MATERIALS THAT ARE NOT IDENTIFIED AS RELATING TO A PARTICULAR INDIVIDUAL OR COMPANY (SUCH DATA, INFORMATION AND MATERIALS, THE “AGGREGATED DATA”). WE OWN ALL RIGHT, TITLE AND INTEREST IN AND TO THE AGGREGATED DATA. NOTHING IN THESE TERMS OF USE OR OTHERWISE WILL RESTRICT OUR RIGHT TO USE, PROFIT FROM, DISCLOSE, PUBLISH OR OTHERWISE EXPLOIT ANY AGGREGATED DATA, WITHOUT COMPENSATION TO YOU AND WITHOUT ANY OBLIGATION TO YOU.
Please review our current privacy policy, available at joinsurf.com/privacy-policy (“Privacy Policy”), which describes the manner in which we collect, use and disclose personal information, including Browser Activity.
App Updates and Upgrades
You acknowledge that Surf may from time to time issue updated or upgraded versions of the Surf Extension, and may (subject to your device settings) automatically electronically update or upgrade the version of the Surf Extension that you are then currently using on your browser. You consent to receive updates or upgrades to the Surf Extension automatically without providing further consent each time. The Surf Extension (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the Surf Extension description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the Surf Extension works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us at support@joinsurf.com
Ownership of and License to the Surf Extension
Neither these Terms of Use nor your use of the Surf Extension grants you ownership in the Surf Extension. These Terms of Use do not grant you any right to use any Content, including Surf’s trademarks, graphics, logos and other commercial symbols or brand elements. All right, title and interest, including intellectual property rights, in and to the Surf Extension and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Surf. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence during the Term to use the Surf Extension. The Surf Extension and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved by Surf.
Certain elements of the Surf Extension are protected by copyright.. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the Surf Extension or other materials provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.
The name “SURF” is the trademark and trade name of Surf. Any trademarks, graphics, logos or commercial symbols appearing in or on the Surf Extension and Offerings are the exclusive property of Surf (or its third-party suppliers) and may not be used in any manner without our express written consent.
Additional Terms
Your access to and use of certain functionalities provided in or through the Surf Extension may be subject to additional terms and conditions presented to you by Surf. Such additional terms and conditions are incorporated herein by reference and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.
Your Responsibilities
You agree to: (a) use reasonable efforts to prevent unauthorized access to or use of the Surf Extension; (b) maintain, protect and make backups of your User Data; (c) keep your email address and, where applicable, your contact information associated with your account current and accurate at all times; (d) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy and anti-spam laws; (e) keep your User IDs and all other login information confidential; (f) not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity; (g) monitor and control all activity conducted through your account in connection with the Surf Extension; (h) promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account; (i) not use anyone else’s User ID at any time, without the permission of the User ID holder; (j) not attempt, in any manner, to obtain the password, account, or other security information from any other user; and (k) when using the Surf Extension on a shared computer or device ensure you log out of the Surf Extension when not in use or obtain appropriate consents from other users of the shared computer or device.
No Unlawful or Prohibited Use
You will not use the Surf Extension in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Surf Extension for any purpose other than to access and use the Surf Extension in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not, and will not attempt to, directly or indirectly: (a) disable or interfere in any way with servers or networks connected to the Surf Extension; (b) attempt to gain unauthorized access to the Surf Extension; (c) transmit or communicate in any way on the Surf Extension any data, information, media or any other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, inaccurate, intentionally misleading, or impersonates any other person; (iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case; (v) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory in any way or is otherwise objectionable, such determination to be made in Surf’s sole discretion; (vi) is harmful to minors in any way or targeted at minors; (vii) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; (viii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; or (ix) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; (d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Surf Extension or any part thereof or otherwise attempt to discover any source code; use the Surf Extension for the purpose of building a similar or competitive offering; (e) violate the terms of use of any third party website that is linked to the Surf Extension; (f) impersonate Surf or any other person or entity; (g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Surf Extension, or which, as determined by us, may harm Surf or users of the Surf Extension or expose them to liability; (h) promote any illegal activity or advocate, promote, or assist any unlawful act; (i) run Mail list, Listserv, any form of auto-responder or “spam” on the Surf Extension, or any processes that run or are activated while you are not logged into the Surf Extension, or that otherwise interfere with the proper working of the Surf Extension; (j) provide access to an account designated for you to another person; or (k) authorize, permit, enable, induce or encourage any third party to do any of the above.
Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Surf Extension. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Surf Extension.
Feedback
You agree that any suggestion, feedback or idea provided by you (collectively, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Surf Extension or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.
Third Party Content, Websites or Services
The Surf Extension may provide or publish links or access to third party content, websites, or services. Likewise, we may allow you to access the Surf Extension from third party systems. Surf does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners. Surf does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Surf’s control, and if you choose to access any such content, websites, or services, or to access the Surf Extension from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.
Your interactions with organizations and/or individuals found on or through the Surf Extension, including discount codes or rewards that we may offer on behalf of third parties, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law Surf is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings even where Surf has provided the discount code or reward. We may receive a commission in connection with third party discount codes and rewards that we offer to you.
Malicious Code and Security
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Surf Extension is compatible with your computer system or mobile device or that the Surf Extension, or any links from the Surf Extension, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Surf Extension.
Disclaimer
THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SURF EXTENSION AND OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SURF EXTENSION AND OFFERINGS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE SURF EXTENSION AND OFFERINGS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SURF EXTENSION.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION TO THE OFFERINGS FOR WHATEVER REASON, EVEN IF SURF HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF OFFERINGS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURF WILL NOT BE REQUIRED TO ISSUE A REFUND OF REWARDS EARNED OR REDEEMED BY YOU THROUGH THE SURF EXTENSION. AS SOON AS SURF HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, SURF WILL USE REASONABLE EFFORTS TO RETURN THE OFFERINGS AS SOON AS REASONABLY POSSIBLE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH SURF, THE “SURF PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SURF EXTENSION OR THE INABILITY TO MAKE USE OF THE SURF EXTENSION, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SURF EXTENSION , YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SURF EXTENSION.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE SURF PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
Indemnification
You will defend, indemnify and hold harmless the Surf Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) your use of the Surf Extension; (b) your violation of any law or the rights of a third party; or (c) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Surf Extension. Surf reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Surf Extension.
Term and Termination
These Terms of Use will commence on the day you first use the Surf Extension and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email at your current email address on file with us. You may terminate these Terms of Use at any time and with immediate effect by requesting by email that your User ID be deleted, or by deleting your account by logging into your account, going to your settings page. There you will see the ability to download your data, and delete your account. You can click the “delete my account” button and follow the final steps to delete your account, ceasing use of the Surf Extension and uninstalling and deleting the Surf Extension. For greater certainty, if you continue to use any portion of the Surf Extension after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
Geographic Restrictions
Surf makes no representation that the Surf Extension is or will be available for use in Quebec. This site is not intended for use in Quebec. If you access the site from Quebec, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
General Provisions
Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Surf Extension, notwithstanding your domicile, residency or physical location. You will only use the Surf Extension in jurisdictions where the Surf Extension may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario for all disputes arising out of or relating to the use of the Surf Extension. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Surf Extension and Offerings. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Survival. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 5 (User Data and Privacy), 7 (Ownership of the Surf Extension), 8 (Additional Terms), 11 (Communications Not Confidential), 13 (Third Party Content, Websites or Services) 14 (Malicious Code and Security), 15 (Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), and 20 (General Provisions).
Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
Dispute Resolution. If you believe that Surf has not adhered to these Terms of Use, please contact Surf using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Third Party Terms
Apple App Store Additional License Terms. If the Surf Extension is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Surf Extension and content thereof is governed by these Terms of Use. Notwithstanding anything to the contrary hereunder, you may use the Surf Extension only on a device that you own or control. You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Surf Extension. In the event of any failure of the Surf Extension to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Surf Extension to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Surf Extension, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. Any claim in connection with the Surf Extension related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. Any third party claim that the Surf Extension or your possession and use of the Surf Extension infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Surf Extension at the contact information below. Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
Firefox Extension Workshop Additional License Terms. If the Surf Extension is provided to you through the Mozilla Corporation (Mozilla Corporation together with all of its affiliates, “Mozilla”) Firefox Extension Workshop, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Mozilla is not responsible for providing support services for the Surf Extension. If any of the terms and conditions in these Terms f Use are inconsistent or in conflict with the Firefox Add-on Policies (the current version as of the date these Terms of Use was last updated is located at https://extensionworkshop.com/documentation/publish/add-on-policies/?utm_medium=photon-footer&utm_source=addons.mozilla.org) the terms and conditions of Firefox Add-on Policies will apply to the extent of such inconsistency or conflict. These Terms of Use and the Surf Extension include all security permissions and user data necessary for the Surf Extension to function. Mozilla reserves the right to remove the Surf Extension in its sole discretion. Please review our current Privacy Policy, which describes the manner in which we collect, use and disclose personal information, including Browser Activity.
Google Chrome Web Store Additional License Terms. If the Surf Extension is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Chrome Web Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Google is not responsible for providing support services for the Surf Extension. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Terms of Service (the current version as of the date these Terms of Use was last updated is located at https://ssl.gstatic.com/chrome/webstore/intl/en/gallery_tos.html), the terms and conditions of Google’s Terms of Service will apply to the extent of such inconsistency or conflict. Google reserves the right to remove the Surf Extension in its sole discretion.
Opera Web Store Additional License Terms. If the Surf Extension is provided to you through the Opera Unite Pte. Ltd. (Opera Unite Pte. Ltd. together with all of its affiliates, “Opera”) Opera Web Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Opera is not responsible for providing support services for the Surf Extension. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Opera Terms of Service (the current version as of the date these Terms of Use was last updated is located at https://www.opera.com/terms), the terms and conditions of Opera’s Terms of Service will apply to the extent of such inconsistency or conflict. Opera reserves the right to remove the Surf Extension in its sole discretion.
Contact
If you have any questions or comments regarding these Terms of Use, please contact us at:
Trufan, Inc., 2841 SW Marine Drive, Vancouver BC,
1 (604) 218–3379,
support@joinsurf.com.
