TERMS OF USE

DO READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING ANY PROSURFINGTOOLS MOBILE APPLICATION, CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE APPLICATION (COLLECTIVELY, THE "APP"), YOU AGREE TO AND ARE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE, OR FEATURE (COLLECTIVELY, THE "SITE TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE. IF AT ANY TIME YOU CEASE TO AGREE TO THEESE TERMS YOU SHOULD IMMEDIATELY CEASE TO USE PROSURFINGTOOLS APPLICATION, AND CONTENT AND IMMEDIATELY DEACTIVATE YOUR ACCOUNT. PROSURFINGTOOLS RESERVES THE RIGHT TO AT ANY TIME AND WITHOUT PRIOR NOTICE MAKE MODIFICATIONS, ADDITIONS OR SUBTRACTIONS FROM ITS TERM OF USE, PRIVACY POLICY AND ANY OTHER LEGAL DOCUMENT REGULATING THE USE OF ITS APP, CONTINUED USAGE OF THE APP WILL BE DEEMED TO BE ACCEPTANCE OF SUCH MODIFICATIONS.

1. PRIVACY POLICY

Prosurfingtools acknowledges the importance of your privacy and is committed to its protection. Kindly see refer our Privacy Policy to acquaint yourself with information on how we collect, use and disclose personal information.

2. OWNERSHIP OF THE APP AND ITS CONTENTS

The Ownership of this App belongs to Prosurfingtools. Unless otherwise indicated, Prosurfingtools, its licensors, or its third-party partners owns all content featured on the app including but not limited to all photos, videos, sound, illustrations, software, logo, texts, graphics, data (including results of competitions and other records) hereinafter referred to as ("Content"). All Content on the App is protected by copyright, trade dress, moral rights, trademark and other laws regulating and protecting the use of intellectual property. While we are always open to and grateful for any feedback or other suggestions that you may provide us, upon passage of such information, the suggestions/ advice in whatever form it comes and any action taken upon that information belongs to Prosurfingtools and we are under no obligation to compensate you for it.

3. APPLICATION USAGE

The App and its content may not be used for any purpose not relating to the legitimate usage of Prosurfingtools services. Prosurfingtools prohibits you from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without Prosurfingtool’s express written permission; (b) using any data mining, data scraping, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) reverse engineering, altering or modifying any part of the Site or the Content; (e) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing, leasing, or in any way commercializing the Site or the Content without specific written permission from Prosurfingtools; and (g) using the Site or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without being limited to copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United Kingdom or the country in which you reside.

4. USER CONTENT, REPORTING AND BLOCKING

You are responsible for the content you share in the App, including messages, notes, videos and feedback. Prosurfingtools does not tolerate objectionable content or abusive users. Content that is offensive, harassing, discriminatory, sexually explicit, violent or illegal is not allowed; it may be removed, and the account that shared it may be suspended or terminated.

You can report a message from within the App, or report any content or user by writing to contact@prosurfingtools.com. We review reports and act on them within 24 hours, removing content that breaks these terms and, where appropriate, the account that shared it.

Only the coach and judges of a training can send messages, and only to the surfers in that training. To block someone, remove them from your team (either of you can do this at any time): the team connection ends for both of you and they can no longer add you to their trainings. You can also leave an organisation at any time.

5. COPYRIGHT INFRINGEMENT POLICY

The Digital Millennium Copyright Act ("DMCA") and other applicable laws, regulate the infringement of copyright, in accordance therewith Prosurfingtools adopts a policy of termination of any accounts that infringe on the Intellectual Property rights of Prosurfingtools, its partners and licensors or any other third-party rights at its sole discretion.

If it comes to your attention that any material on the Prosurfingtools App infringes upon any of your copyright, please file a notice of the infringement at: contact@prosurfingtools.com

6. TRADEMARKS AND PUBLICITY

The Prosurfingtools logo, and any other product, event, or service name or slogan contained on the Site are trademarked by and trademarks of Prosurfingtools and its third party patners or licensors. You are prohibited from copying, imitatingor using whether segmented or in totality, without the express prior written authorization of Prosurfingtools. You are similarly prohibited from the usage of the metatags or any other "hidden text" making use of "Prosurfingtools" or any other name, trademark or product or service name of Prosurfingtools without our prior written permission. Futhermore the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Prosurfingtools and may not be copied, imitated or used, whether in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

7. LINKS AND LINKING

You are expressly prohibited from using Prosurfingtools logo or other proprietary graphic of Prosurfingtools to link to the Site without the expressly requesting for and receiving written authorization from Prosurfingtools. In addition, you are unathorized and prohibited from framing any Prosurfingtools trademark, logo or other proprietary information, including the Content, without Prosurfingtools' express written consent.

Prosurfingtools makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible from the Site, or websites linking to the Site. Such sites are not under the control of Prosurfingtools and Prosurfingtools is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

Prosurfingtools provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Prosurfingtools of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Prosurfingtools shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

8. REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Prosurfingtools, to keep it accurate, current and complete; (c) maintain the security of any passwords or logins; (d) notify Prosurfingtools immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Prosurfingtools, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of these Site Terms or of any representation or warranty contained herein, your unauthorized use of the Content or Site, or your violation of any rights of another person.

10. LIMITATION OF LIABILITY AND DISCLAIMER

THE SITE, INCLUDING THE CONTENT, ARE PROVIDED "AS IS" AND PROSURFINGTOOLS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OR CONTENT OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PROSURFINGTOOLS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Prosurfingtools uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. Some foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL PROSURFINGTOOLS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY CONTENT OR INFORMATION OBTAINED FROM PROSURFINGTOOLS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PROSURFINGTOOLS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROSURFINGTOOLS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PROSURFINGTOOLS FOR ACCESS TO OR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT PROSURFINGTOOLS WOULD NOT YET YOU USE THE SITE OR THE CONTENT WITHOUT THIS LIMITATION OF LIABILITY. IN THE EVENT THIS LIMITATION OF LIABILITY IS NOT ALLOWED UNDER APPLICABLE LAW, PROSURFINGTOOLS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.

12. APPLICABLE LAW AND VENUE

Any dispute relating in any way to your use of the Site or the Content shall be submitted to confidential arbitration in the United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Prosurfingtools' intellectual property rights, Prosurfingtools may seek injunctive or other appropriate relief in any appropriate court in the United kingdom, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the International Court of Arbitration. The arbitrator's award shall be 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 this Site Terms shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

13. TERMINATION

Notwithstanding any of these Site Terms, Prosurfingtools reserves the right, without notice and in its sole discretion, to terminate your account and/or to block or suspend your use of the Site. You may terminate your agreement to these site terms by both writing to Prosurfingtools using the contact information below AND immediately ceasing use of the Site and all Content. Any subsequent use of the Site or Content will constitute re-agreement to the Site Terms.

14. MISCELLANEOUS PROVISIONS

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Prosurfingtools. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

15. CHANGES TO SITE TERMS

Prosurfingtools reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

16. QUESTIONS AND CONTACT INFORMATION

Please contact us if you have any questions or comments about the Site or Site Terms at contact@prosurfingtools.com.