TERMS AND CONDITIONS
CAREFULLY READ AND AGREE TO THE TERMS BELOW:
ATTENTION: This is a binding legal agreement between you, the person or entity agreeing to the terms contained
in this document (“you”, “your“ or “Customer“), and BeardSurfer (“we”, “our”, “us” or “BeardSurfer”), the owner
and administrator of the website located at http://www.BeardSurfer.com, and any and all of its sub-pages
(collectively, the “Website”) regarding your use of the Website along with related services, features, content,
and offers provided on the website.
LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND
AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE
ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
services, software functionality, and/or materials (“Services and Materials”) published by BeardSurferon or
through the Website. BeardSurfer is willing to license or allow the use of the Website and the related Services
and Materials to you only on the condition that you accept and agree to all of the terms and conditions
contained in this Agreement. If you do not agree with the entirety of this Agreement, you are not granted
permission to access or use the Website and/or the Services and Materials, and you are hereby instructed to exit
the Website immediately.
B. This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information
through this Website, respond to a request for information, and/or begin installing, accessing, or using the
Website, whichever is earliest. It is suggested that you print this Agreement for your personal records.
C. BeardSurfer reserves the right, in its sole discretion, to make changes to the Website, and to revise, amend,
or modify this Agreement and its other policies and agreements that govern your use of the Website and an
individual’s access to this Website at any time and in any manner, or to terminate this Website without prior
notice to you. Accordingly, you should periodically check this page for any modifications of these Terms. Your
continued access or use of the Website shall be deemed your acceptance of these changes.
D. If you do not agree to be bound by these Terms, you may not enter, access or use the Website, or purchase any
products through this Website, and you should exit the Website immediately. By accessing, using or ordering
products through the Website, you affirm that you have read this Agreement and understand, agree and consent to
all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of
your state, province or country.
2. LICENSE GRANT AND RESTRICTIONS
Subject to your continued strict compliance with the terms and conditions of this TOU, BeardSurfer provides to
you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use
the Website. You may download and print materials and information from the Website solely for your personal use,
provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual
property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the
content layout, formatting, and features of and access privileges for the Website shall be determined by
BeardSurfer in its sole and absolute discretion; (ii) BeardSurfer has the right to control and direct the means,
manner, and method by which the Website is provided; (iii) BeardSurfer may, from time to time, engage
independent contractors, consultants, or subcontractors to aid BeardSurfer in providing the Website or use
thereof; and (iv) BeardSurfer has the right to provide the Website to others. In addition, you hereby
acknowledge and agree that this TOU provides you with only a limited license to access and use the Website.
Accordingly, you hereby acknowledge and agree that BeardSurfer transfers no ownership or intellectual property
interest or title in and to the Website to you or anyone else under this TOU. BeardSurfer hereby reserves any
and all intellectual property rights not otherwise expressly granted in this TOU. In addition, you acknowledge
and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and
subject to the termination provisions set forth herein.
3. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Except where prohibited by law, you and BeardSurfer agree that any dispute between us (including disputes
against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other)
relating to our Website, the Services or Materials provided through our Website, any transaction or relationship
between us resulting from your use of our Website, communications between us, or the purchase, order, or use of
our products, that cannot be resolved through an informal process or through negotiation within 120 days shall
be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association,
and the arbitration decision may be enforced and judgment entered thereon in any court of competent
jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal
business address or such other location where we mutually agree. We may also mutually agree to have the
arbitration conducted by telephone or based on written submissions. You and BeardSurfer agree that this
arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by
the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and BeardSurfer
further agree that any determination regarding the applicability, enforceability, or validity of this
arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO
A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator
or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial;
however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by
the American Arbitration Association (“AA”), and conducted under AA’s Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, the “AA Rules”) then in effect at the time
of the dispute. You may obtain copies of the AA Rules and forms and instructions for initiating arbitration by
visiting the AA website at www.adr.org, or by calling AA at (800) 788-7879. If you initiate arbitration,
BeardSurfer will reimburse you for any standard filing fee which may have been required by AA once you have
notified BeardSurfer in writing and provided a copy of the arbitration proceedings. However, if BeardSurfer is
the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and
costs to BeardSurfer If for any reason the AA is unavailable, the parties shall mutually select another
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class
wide, representative basis, or with other arbitration(s) or other proceedings that involve any claim or
controversy of any other party. No claim submitted to arbitration is heard by a jury or may be brought as a
private attorney general. You do not have the right to act as a class representative or participate as a member
of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate
more than one person’s claims against BeardSurfer and may not preside over any kind of representative or class
proceeding against BeardSurfer, its agents, officers, shareholders, members, employees, subsidiaries,
affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver
is material and essential to the arbitration of any disputes between the parties and is non-severable from the
agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be
enforced, then our agreement to arbitrate under this section will not apply and any controversy or claim must be
brought exclusively in the State and Federal Courts in Nevada.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY
ONLY BRING CLAIMS AGAINST BeardSurfer, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES,
AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND
RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
4. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.
A. Legal Age Requirement . You must be at least 18 years of age or the age of majority in your jurisdiction of
residence (whichever is older) to purchase items from the Website. By placing an order through the website, you
represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to
whom the Merchandise will be delivered is also the age of majority. BeardSurfer reserves the right to request
any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing
Merchandise may require further the signature of an adult possessing valid picture identification issued by a
government agency providing that he or she is at least 18 years old or the age or majority, whichever is
B. Ordering Merchandise through the Website . All orders placed through the Website are subject to BeardSurfer’s
acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your
order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only
confirming our receipt of your order. BeardSurfer may refuse to accept or may cancel any order, whether or not
the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment
card or payment method has already been charged for an order that is later cancelled by BeardSurfer, we will
issue you a refund. If you do not receive confirmation that your order has been placed, please contact our
Customer Service Department at BeardSurfer@gmail.com. Your order will be deemed accepted upon its shipment and
your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms
of our shipping policies, which are summarized herein.
While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order
or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so
include, but are not limited to, the following:
1. Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors of
2. Orders that appear to be shipped to a freight forwarding company for reshipment.
3. Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information.
Be sure to double-check your information when placing an order. We cannot process orders for several reasons
including, but not limited to:
a. Incorrect credit or debit card information such as a card number, expiration date and card security value;
b. Incorrect payment method billing information (billing information provided must be the same as what your
financial institution has on record);
c. Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
4. Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not
accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the
right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
5. Orders connected to previous credit card disputes.
C. Merchandise Offers and Modifications
We reserve the right to modify the prices charged for the Merchandise, or to add or remove any Merchandise from
the Website at any time without prior notice to you. Price quotes provided to you prior to any price
modification shall be honored. For current pricing and descriptions of products sold by BeardSurfer, click here.
Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for
Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the
purchase of certain products and/or resources, participation in certain events or programs, and/or to specific
portions or features of the Website, all of which are made a part of this TOU by this reference. You agree to
abide by such other notices, terms, and conditions, including where applicable representing that you are of
sufficient legal age to acquire a product and/or use or participate in any event or program, service, or
feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of
the Website, including any areas to enable the on-line purchase of items or for any program, event or service
offered on or through the Website, the latter terms shall control with respect to your use of that portion of
the Website. BeardSurfer’s obligations, if any, with respect to its services, events, programs, and/or products
are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and
nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.
D. Shipping Policy. All orders might be shipped via United States Postal Service First Class Mail or by UPS mail
to the address you provide at the point of sale. We ship within 5-15 days of when you place your order. Orders
placed on the weekend will be shipped the following business day. Packages sent to the US are scheduled to
arrive within 5-15 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or
any U.S. Federal Holidays. We do not guarantee arrival dates or times.
E. Refund and Return Policy. If at any time you are not satisfied with the Merchandise for any reason, you may
ccontact our Customer Service Department at info@BeardSurfer.com and request a refund. All requests for refunds
will be handled by customer service on a case by case basis, may require a return of unused Merchandise, and may
not be available if more than 30 days have passed from the date the customer received the Merchandise. When
emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered.
The following additional terms apply to our refund policy:
1. Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not
permitted unless the Merchandise, as delivered to you, is defective. BeardSurfer reserves the right to refuse a
refund to any customer who repeatedly requests refunds or who, in BeardSurfer’s sole discretion, requests
refunds in bad faith.
2. In order to process your refund, you must supply BeardSurfer with your name and delivery address. If you
provide us with insufficient or incorrect information, your refund will be delayed.
3. Depending on your bank, your refund can take up to thirty (30) days to appear on your credit or debit card
statement. If you have any questions about whether a refund has been issued by BeardSurfer, please contact our
Customer Service Department at BeardSurfer@gmail.com
Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit
to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure
proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated
F. Cancellation of Future Orders. If you wish to cancel future deliveries of Merchandise you must contact Our
Customer Service Department at info@BeardSurfer.com and request that such future shipments be terminated. When
emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered.
Your request for termination, whether by phone or email, will be processed within 3-5 business days; however,
you will be responsible for payment for any Merchandise that has either A) already been shipped to you or B)
already been delivered to you at the time of your call.
G. Reversals and Chargebacks. We consider charge backs and reversals as potential cases of fraudulent use of our
services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with
the appropriate local and federal authorities to investigate. Be advised that all activity and IP address
information is being monitored and that this information may be used in a civil and/or criminal case(s) against
a client if there is fraudulent use and/or theft of services.
H. Billing & Customer Support. If you have any questions, please contact Our Customer Service Department at
BeardSurfer@gmail.com. When emailing us, please include your full name and address, as well as the name of the
Product(s) that you ordered.
5. REPRESENTATIONS; DISCLAIMERS.
A. We endeavor to provide you with accurate information about our products. We do not warrant or represent that
such information is error-free. All product specifications, performance data and other information on the
Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation
that the products will conform to such specifications or performance data.
B. We do not warrant or represent that our products will provide you with any particular benefits, or that your
results will match those of others who use our products.
C. THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND
“AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. BeardSurfer DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING,
WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE
WEBSITE. MOREOVER, BeardSurfer MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS,
TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE
WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BeardSurfer
MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE, MAKE MODIFICATIONS AND/OR CHANGES TO THE
WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF
USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.
6. OWNERSHIP; INTELLECTUAL PROPERTY.
A. You hereby acknowledge that BeardSurfer provides you with only a limited license to access and use the
Website. Accordingly, you hereby expressly acknowledge and agree that BeardSurfer transfers no ownership or
intellectual property title in and to the BeardSurfer materials to you or to anyone else under these Terms of
Use. All materials, including without limitation, text, graphics, interfaces, photographs, audio, video, sounds,
images, artwork, computer code (including html code), programs, software, products, information, and
documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and
arrangement of any content contained on or available through the Website, unless otherwise expressly indicated
in writing, are owned, controlled, and licensed exclusively by BeardSurfer and/or its suppliers and are
protected by United States and foreign laws including, but not limited to, United States copyright, trade
secret, patent, and trademark law, as well as other state, national, and international laws and regulations.
Except as expressly provided in this TOU, BeardSurfer does not grant any express or implied intellectual
property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Website
will violate intellectual property or other proprietary rights laws of the United States and/or a foreign
nation, as well as other laws, regulations, and statutes.
B. The www.BeardSurfer.com website is Copyrighted 2016 BeardSurfer.com and/or its licensors. All rights
reserved. BeardSurferalso owns a copyright in the contents of the Website as a collective work and/or
compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any
downloadable or printable programs, information, or materials available through this Website and all
intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in
writing, are owned exclusively by BeardSurfer and/or its suppliers.
C. All names, logos, and icons identifying BeardSurfer, its affiliates and/or subsidiaries, and any of their
events, programs, products, and/or services are owned exclusively by BeardSurfer and any use of such marks
without the prior express written permission of BeardSurfer is hereby strictly prohibited. Other product and
company names mentioned herein may be the trademarks and/or service marks of their respective owners.
D. BeardSurfer hereby reserves any and all intellectual property rights in the Website materials not otherwise
expressly granted in this Agreement. Nothing contained in this Website should be construed as granting any
license or right to use any trademark, logo, trade name, or design displayed on this Website without the written
permission of BeardSurfer, or the respective owner of the trademark.
7. YOUR REPRESENTATIONS.
You hereby represent and warrant that:
A. You are age eighteen or older or the legal age of majority in your jurisdiction of primary residence,
whichever is greater;
B. You have read this Agreement and understand the terms contained in this Agreement;
C. Any products you purchase from the Website will be used for your personal, non-commercial use;
D. You will not re-sell, re-distribute or export any product that you order from the Website;
E. You will, at all times, provide true, accurate, current, and complete information when submitting information
to the Website, including, without limitation, when you provide any information to BeardSurfer via an email or
any registration or submissions form found on the Website. If you provide any false, inaccurate, untrue, or
incomplete information, BeardSurfer reserves the right to, in its sole discretion immediately and without
notice, terminate your access to and use of this Website and/or cancel any of your pending product purchases or
registrations with BeardSurfer;
F. You will abide by all applicable local, state, national, and international laws and regulations with respect
to your use of this Website;
G. You acknowledge and agree that use of the Internet and this Website are solely at your own risk. While
BeardSurfer has endeavored to create a secure and reliable Website, the confidentiality of any communication or
material transmitted to/from the Website over the Internet or any other form of global communication network
cannot be guaranteed. Accordingly, BeardSurfer is not to any degree responsible or liable for the security of
any information transmitted via the Internet, the accuracy of the information contained on the Website, or for
the consequences of any reliance on such information. You must make your own determination as to these issues;
H. BeardSurfer may contact you by email, telephone or postal mail for any purpose relating to your use of the
Website and purchase of any of its products, including, but not limited to, (i) follow-up calls, (ii) customer
satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s)
of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or
labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a
security interest in, or otherwise use in any manner not expressly permitted herein, any materials from the
Website or the Website itself. Specifically, and by way of illustration and not limitation, you may not separate
and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including
html code), programs, software, and documentation found on or accessible through the Website. The use of any
such material on any other website or computer environment is prohibited.
Moreover, without the express prior written authorization of BeardSurfer, you may not:
A. Frame or utilize any framing techniques in connection with the Website or any of the Materials;
B. Use any meta-tags or any other “hidden text” using the Website’s name or marks;
C. Attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or
networks connected to the Website, (c) any BeardSurfer server, or (d) to any of the services offered on or
through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means;
D. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the
security or authentication measures on the Website or any network connected to the Website;
E. Use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or
methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of
the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in
order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any
means not purposely made available through the Website;
F. Use any device, software or routine to bypass any operational element or to interfere, or attempt to
interfere, with the proper working of the Website, server or activities conducted therein;
G. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network
H. Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website;
I. Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity
or the origin of any message or transmittal you send to BeardSurfer on or through the Website;
J. Use the Website to harvest or collect e-mail addresses or other contact information; or
K. Use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY
BeardSurfer TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS
9. POSTINGS AND PERMISSIONS TO USE POSTINGS.
The Website, and/or any social media page controlled by BeardSurfer that is accessible directly through the
Website (each, a “BeardSurfer Social Media Page”), may contain blogs, message boards, comment areas and other
interactive features and functionality where users may post certain information and content (collectively,
“Forum”). To the extent the Website and/or any BeardSurfer Social Media Page contains any such Forum, you agree
that you will, at all times, provide true, accurate, current, and complete information when submitting
information or materials on this Website, including, without limitation, when you provide information via a
Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete
information, BeardSurfer reserves the right to terminate immediately your access to and use of this Website. In
addition, you hereby acknowledge and agree that when using the Website and/or any BeardSurferSocial Media Page,
you will not upload, post, display, or transmit any of the following materials on any Forum:
• Anything that interferes with or disrupts the operation of the Website and/or BeardSurfer Social Media Page,
• Snything that violates any laws or regulations or infringes or violates the rights of any person or entity,
• Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes
on the rights of others,
• Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights,
trade secrets, or privacy of others,
• Statements or material that encourages criminal conduct or that would give rise to civil liability or
otherwise violates any law or regulation in any jurisdiction,
• Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images
that typically would not be considered socially or professionally responsible or appropriate in person,
• Statements or material that impersonates any other person or entity, whether actual or fictitious, including,
without limitation, employees and representatives of BeardSurfer,
• Statements or material that misrepresents your affiliation with any entity and/or BeardSurfer,
• Statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
• Statements or material that are “off-topic” for a designated Forum.
You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or
information of any type (a “Posting”), including but not limited to success stories, testimonials, feedback,
and/or photographs, to a Forum or by otherwise using the Website and/or a BeardSurfer Social Media Page to
transmit or display a Posting, you automatically grant BeardSurfer a royalty-free, perpetual, irrevocable,
non-exclusive, transferable and sub-licensable right and license to use, reproduce, modify, publish, translate,
create derivative works from, distribute, transmit, perform, and display such content or information (in whole
or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or
later developed for the full term of any rights that may exist in such content or information. You agree to
waive any and all moral rights in the Postings. You agree that by making a Posting, such Posting is not
confidential for all purposes and BeardSurfer shall not be liable for any use or disclosure of such Posting by
us or others. You hereby represent that you have all necessary rights to make the Posting available to
BeardSurfer and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all
purposes and that BeardSurfer has no control over the extent to which any idea or information within a Posting
may be used by any party or person once such content is posted or displayed on the Website and/or a BeardSurfer
Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by
merely permitting your information, content, and materials to appear on the Website and/or a BeardSurfer Social
Media Page, BeardSurfer has not become and is not a publisher of such information, content, and materials and is
merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, BeardSurfer
assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not
post, display, or transmit any confidential or sensitive information. All users shall remain solely and
exclusively responsible for any liability arising from their own Postings.
You hereby understand, acknowledge, and agree that the operation of certain portions of the Website and/or the
receipt of certain information or benefits may require the submission, use, and dissemination of certain
personally identifiable information. Accordingly, if you wish to access and use those areas of the Website,
and/or receive such information or benefits, you hereby acknowledge and agree that your use of this Website will
constitute acceptance of BeardSurfer’s personally identifiable information collection and use practices. Please
and use practices.
11. ENFORCING SECURITY ON THE WEBSITE.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including,
without limitation, punishment under the Computer Fraud and Abuse Act of 1986. BeardSurfer reserves the
unqualified right to view, monitor, and record activity on the Website without any notice to or permission from
you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to
review by law enforcement organizations in the sole and absolute discretion of BeardSurfer. BeardSurfer will
also comply with all legally binding requests for such information including, without limitation, the provision
of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion,
BeardSurfer reserves the right, to at any time and without advance notice, modify, suspend, terminate, or
temporarily interrupt operation of or access to the Website or any portion thereof.
12. THIRD PARTY PRODUCTS, SERVICES AND LINKS.
The BeardSurfer Website, in its sole and absolute discretion, may post the third party advertisements and/or
provide links to other third party websites that feature materials, programs, events, products, and services
provided by third parties. You acknowledge that BeardSurfer is not responsible for the availability of such
external sites or resources, and does not endorse any such site, its use or contents and is not responsible or
liable for any content, advertising, products, or other materials on or available from such web sites or
resources. BeardSurfer makes no representations with respect to, nor does it guarantee or endorse, the quality,
non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party
materials, programs, events, products, and services or any other materials, programs, events, products, and
services which you may access through such third party materials, products, and services. Moreover, links and/or
advertisements for third party goods or services do not imply an endorsement with respect to any third party
website or the products or services provided by any third party. Your correspondence or any other dealings with
third parties found on this Website are solely between you and such third party and subject to the third party
all third party provided materials, programs, events, products, and services contained on or accessed through
the Website, and you agree that BeardSurfer shall not be responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any such
content, materials, products, and/or services available on such external sites or resources. In the event you
decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
13. TERM & TERMINATION.
A. This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information
through this Website, respond to a request for information, place an order, register, and/or begin installing,
accessing, or using the Website, whichever is earliest.
B. This Agreement shall remain in force as long as you access the Website, use any functions or features of the
Website, or order anything from the Website.
C. BeardSurfer reserves the right at any time and for any reason without notice to deny you access to the
Website or to any portion thereof, and to terminate your rights under this Agreement, in its sole and absolute
discretion. Your rights under this Agreement will terminate automatically if you fail to comply with this
Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective
destroy all copies of any aspect of the Website in your possession.
D. The provisions concerning BeardSurfer’s permission to use Postings, proprietary and intellectual property
rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, and
governing law will survive the termination of this Agreement for any reason.
14. LIMITATION OF LIABILITY; NO WARRANTIES.
A. You understand and agree that any material and/or information downloaded or otherwise obtained through the
use of or from the Website is done at your own discretion and risk and that you will be solely responsible for
your use or nonuse of such information, including, without limitation, any damage to your computer system or
loss of data that results from the download of such material and/or information and any bodily injury.
BeardSurfer is not responsible for technical or software failures of any kind; lost or unavailable network
connections; incomplete, garbled or delayed computer transmissions.
In no event shall BeardSurfer or its affiliates, subsidiaries, parents, assignees, licenses, and their
respective officers, directors, employees, subcontractors (collectively, “Released Parties”), be liable to you,
whether in contract, tort, strict liability, warranty or otherwise (collectively, “Claims”), for any direct or
indirect, special, incidental, exemplary, consequential or punitive damages (including without limitation lost
profits, cost of procuring substitute service or lost opportunity), arising from or related to this Agreement,
the products or services, or Customers’ use of the Website or any product. Because some states/jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation
may not apply.
B. Notwithstanding the foregoing, You agree that BeardSurfer’s entire liability for all Claims related to the
use of the Website, BeardSurfer’s Services and Materials, BeardSurfer’s products, and/or any program or event
made available through the Website shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii)
the total amount of money you paid to BeardSurfer in the one (1) month period immediately preceding the incident
on which your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether
BeardSurfer was aware of or advised in advance of the possibility of damages or such Claims.
C. The warranties and representations specifically set forth in this agreement are the only warranties and
representations with respect to this Agreement, and are in lieu of any and all other warranties, written or
oral, express or implied, that may arise either by agreement between the parties or by operation of law,
including warranties of merchantability and fitness for a particular purpose. No advice or information, whether
oral or written, obtained by you from BeardSurfer or through or from any service or product on the Website or
affiliate websites shall create any warranty not expressly stated herein. None of these warranties and
representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless BeardSurfer, its related companies and each of their
respective officers, directors, shareholders, employees, independent contractors, telecommunication providers,
affiliates, third party information providers, licensors, agents, and others involved in the delivery of
products, services or information through the Website (collectively, “Indemnified Parties”), from and against
any and all claims, actions, loss, liabilities, expenses, costs, or demands directly, indirectly, and/or
consequentially resulting or allegedly resulting from your breach of this Agreement by you. You agree that the
Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree
to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorneys’ fees, and
litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the
information accessed through the Website.
Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email.
If notice is sent by email, such notice shall be sent to the last known email address that you provided to us,
and shall be deemed delivered once sent. Notices by customers to BeardSurfer must be sent in writing to the
following address: BeardSurfer, Attention: Legal, 7582 Las Vegas Blvd. S #115-405, Las Vegas, NV 89123.
17. FORCE MAJEURE.
BeardSurfer shall not be responsible for any failure to perform due to unforeseen circumstances or to causes
beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes,
hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military
authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a
computer, server or software, for so long as such event continues to delay the BeardSurfer’s performance.
* Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall
be governed exclusively by the laws of the State of Nevada, without regard to its principles of conflicts of
law. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit
to the exclusive jurisdiction of the state and federal courts located in Las Vegas, Nevada, United States of
America, in all questions and controversies arising out of your use of the Website and this Agreement. To the
extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of
the Website must be brought within two (2) years from the date on which such claim or action arose or accrued.
You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information
Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby
disclaimed. A printed version of this TOU and of any related notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this TOU or BeardSurfer services, materials,
events and/or products accessed or purchased through this Website, to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed form. The
Website is controlled and operated by BeardSurfer from its offices and facilities within the United States.
BeardSurfer makes no representation that the Website is appropriate or available for use in other locations, and
access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly
prohibited. You access the Website solely on your own volition and are responsible for compliance with all
applicable local laws.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an
aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party
shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking
all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their
respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this
Agreement, or any portion thereof, to be unenforceable pursuant to applicable law, including but not limited to,
the warranty disclaimers and the liability limitations set forth above, then that provision will be enforced to
the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
drafted and provided by BeardSurfer in its sole and absolute discretion that most clearly matches the intent of
the original provision and the remainder of this TOU shall continue in effect.
through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is
controlled by, or is under control with us). If BeardSurfer, or its assets, are acquired by another entity, then
that entity will assume our rights and obligations as described in this Agreement. You may not assign your
Notwithstanding the foregoing, BeardSurfer may assign this Agreement in whole or in part. Moreover, BeardSurfer
may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or
arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to
this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing
party in any such action or proceeding shall be entitled to recover, in addition to all other available relief,
its reasonable attorneys fees and costs incurred in connection therewith, including attorney’s fees incurred on
* No Waiver. Failure to insist on strict performance of any of the terms and conditions of this TOU will not
operate as a waiver of any subsequent default or failure of performance. No waiver by BeardSurfer of any right
or provision under this Agreement shall be deemed a waiver of the same right or provision under this Agreement
at any other time.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning,
construction or effect of this Agreement.
* Complete Agreement. No joint venture, partnership, employment, or agency relationship exists between you and
and any related or associated product purchase, service, or software license agreements, which are all hereby
incorporated by reference as if set forth fully herein, represent the entire agreement between you and
BeardSurfer with respect to use of the Website, and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written between you and BeardSurfer with respect to this Website.
* Modifications. BeardSurfer reserves the right to change or discontinue, temporarily or permanently, the
Website as a whole and any or all of the Website features, products, prices of products, services or information
appearing on, or available through, any or all of the Website with or without notice to you, and any of the
provisions posted herein. You agree to review these terms and conditions each time you visit the Website. You
agree that BeardSurfer shall not be liable to you or any third party for any modification or discontinuance of
such features, products, prices, services, or information on the Website or the Website itself. Your continued
use of the Website following any changes to these terms and conditions constitutes your acceptance of such
changes. BeardSurfer does not and will not assume any obligation to provide you with notice of any change to
this document. Unless accepted by BeardSurfer in writing, these terms and conditions may not be amended by you.
If you have questions regarding this Website or if you are interested in obtaining more information concerning
BeardSurfer and its products or services or permission to use any BeardSurfer content, please contact
© 2018 BeardSurfer.