TERMS OF SERVICE
Acceptance of Terms
By using and/or visiting the SwellText, LLC website www.SwellText.surf (the “Website”), you signify your agreement to these terms and conditions (the “Terms of Service”). SwellText, LLC reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, via email or by another appropriate means of electronic communication.
Description of Service
SwellText, LLC provides users with multiple monthly subscription options that will send daily text messages about the conditions of the wind and waves in the region they have subscribed to. Subscription tiers and corresponding services are described on the Website. These services may be modified or updated at any time without notice.
User Conduct
You agree not to use the Website to:
- Post or transmit any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable
- Harass or harm another person or entity
- Exploit or harm minors in any way
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
Registration
In order to access certain features of the Website, you may be required to register and provide certain information about yourself. You agree to provide accurate, current and complete information about your identity during the registration process.
Privacy
By using the Website, you agree to the collection, transfer, storage, and use of your personal information by SwellText, LLC as described in our Privacy Policy.
Subscriptions and Payment
By subscribing to one of our services, you agree to pay the fees specified for the service and authorize us to charge your credit or debit card or process other means of payment for those fees. Fees vary based on the subscription plan.
No Warranty
SwellText, LLC does not warrant that the Website or the services it provides will operate error-free or uninterrupted. The Website and services are dependent on external factors such as weather buoys and stations which can fail without notice. In such an event, SwellText, LLC will not be liable for refunds, compensation, or any loss or damage that may arise. Your use of the Website and services is entirely at your own risk.
Termination
SwellText, LLC reserves the right to terminate your access to the Website at any time without notice for any reason whatsoever.
Disclaimer
SwellText, LLC makes no representations about the accuracy or reliability of the information provided by the Service. Use of the Service and reliance on any information provided by the Service is at your own risk.
Limitation of Liability
In no event shall SwellText, LLC, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website.
Indemnity
You agree to defend, indemnify and hold harmless SwellText, LLC, its parent corporation, 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 your use of and access to the Website, or from your violation of any term of these Terms of Service.
General
These Terms of Service shall be governed by the laws of the state in which SwellText, LLC is located, without respect to its conflict of laws principles. Any claim or dispute between you and SwellText, LLC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the state where SwellText, LLC is located.
Contact
For any questions, please email support@herk.dev.