Terms of Service
Last updated: September 1, 2026
Who you are dealing with
This website, noseridersurf.com, is operated by Noserider Surf Club. Throughout these Terms, "Noserider Surf Club", "we", "us" and "our" refer to the operator of this website.
Postal address: 3916 N. Potsdam Ave., Sioux Falls, SD 57104, United States
Email: [email protected]
OVERVIEW
Noserider Surf Club offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You accept these terms and conditions ("Terms of Service", "Terms") when you check the acceptance box and place an order, create an account, or otherwise expressly indicate your agreement. They include the additional terms, conditions and policies referenced herein and/or available by hyperlink, and they apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
These Terms contain a binding arbitration provision and a class action waiver (Section 18). They affect how disputes between you and us are resolved. Please read them.
Please read these Terms of Service carefully before using our website or placing an order. If you do not agree to these Terms, do not place an order or use the services offered through the site.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. Section 19 explains how we change these Terms and what notice you get.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years old, or that you have otherwise reached the age of legal capacity to enter a contract where you live.
If you are under 18, you may use this site only with the involvement of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any law that applies to you, including copyright law.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms may result in termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, provided we do not do so on a ground prohibited by law.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Nothing in this Section limits any obligation we have under applicable law to give you accurate information about the goods you are buying, including their price and condition.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. A price change does not affect an order you have already placed and we have already accepted.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where you have already paid us for something we then fail to deliver, in which case Section 6 and our Refund Policy apply.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your screen's rendering of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your subjective expectations. This does not affect any product guarantee that the law of your place of residence gives you and does not allow to be excluded.
Pre-orders and presale items. Some products may be offered for pre-order before they are ready to ship. When you place a pre-order we charge you at checkout, and the shipping window shown on the product page is an estimate, not a guarantee. If a pre-order is materially delayed beyond the estimated window, we will tell you, and you may cancel it for a full refund. Once a pre-order has been delivered, it follows our Refund Policy the same way as any other order.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. If we cancel an order you have already paid for, we refund you in full. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools, subject to Section 13.
Any use by you of optional tools offered through the site is at your own discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.
We may also, in the future, offer new services and/or features through the website. Such new features and services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
Subject to Section 13, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice, including after you have submitted your order. Where we cancel an order for this reason and you have already paid, we refund you in full.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable law, regulation, rule or ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the maximum extent permitted by applicable law, Noserider Surf Club and our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service.
What this Section does not do. Nothing in this Section 13, and nothing anywhere in these Terms, excludes or limits our liability where the law does not allow us to:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation;
- under any mandatory consumer protection law of your place of residence that cannot be excluded by agreement; or
- for anything else that applicable law says we cannot exclude or limit.
Some states and countries do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages; in those places, our liability is limited to the maximum extent permitted by law, and the rest of this Section continues to apply.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Noserider Surf Club and our owners, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any third-party claim or demand, including reasonable legal fees, arising out of:
(a) your breach of these Terms of Service or the documents they incorporate by reference;
(b) your violation of any applicable law; or
(c) your infringement of the rights of a third party.
Limits on this Section. This Section does not require you to indemnify us against any liability arising from our own act, omission, negligence or breach, and it does not transfer to you any responsibility that mandatory consumer law places on us as the seller. To the extent this Section would have that effect, it does not apply.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. That determination shall not affect the validity and enforceability of any other remaining provision, except as Section 18 provides for the class action waiver.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, and Section 18 survives termination.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If in our reasonable judgment you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them. Termination does not affect an order we have already accepted and you have already paid for, which we will still fulfill or refund.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, and any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE ARBITRATED INDIVIDUALLY AND WAIVES CLASS ACTIONS AND JURY TRIALS.
Governing law. These Terms of Service, and any separate agreement whereby we provide you Services, are governed by and construed in accordance with the laws of the State of South Dakota, United States, without regard to its conflict-of-laws rules.
Talk to us first. Before starting any formal proceeding, email us at [email protected] with a description of the dispute and give us 30 days to resolve it informally. Most problems are faster to fix this way than any other.
Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms, the Service, or any product purchased through the Service that is not resolved informally shall be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by documents only or by remote hearing where those Rules allow, and otherwise at a location reasonably convenient to you. We will pay all AAA filing, administration and arbitrator fees beyond an amount equal to the filing fee of your local small claims court. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Small claims carve-out. Either you or we may bring an individual claim in small claims court in your county of residence instead of arbitrating, so long as it stays in small claims court and remains individual.
CLASS ACTION WAIVER. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If the class waiver fails. If the class action waiver above is found unenforceable as to a particular claim, then this entire arbitration provision (but only this arbitration provision) shall be void as to that claim, which shall proceed in court; the class waiver is not severable from the agreement to arbitrate.
Your right to opt out. You may opt out of this arbitration provision and class waiver by emailing [email protected] within 30 days of placing your first order with us, stating your name, the email used for your order or account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, and any claim that cannot be arbitrated under applicable law may proceed in court.
Where court proceedings are allowed. Any dispute that these Terms permit to proceed in court (other than small claims) shall be brought in the state or federal courts of South Dakota, and you and we each consent to their jurisdiction, except where the mandatory consumer law of your place of residence entitles you to your local courts.
Consumers outside the United States. Nothing in this Section takes away any right or remedy given to you by the mandatory consumer protection law of your country of residence that cannot be waived by agreement, and nothing requires you to arbitrate a claim where that law does not permit mandatory arbitration.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. The date at the top tells you when it last changed.
We may update, change or replace any part of these Terms of Service. For any change that materially reduces your rights or materially increases your obligations, we will post the updated Terms with a new "Last updated" date and, where we hold your email address, notify you at least 14 days before the change takes effect.
Changes are not retroactive. For any order you have already placed, the version of these Terms in effect at the time of your order continues to govern that order. If you do not accept a change, you may stop using the site; that is the only consequence.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Noserider Surf Club
3916 N. Potsdam Ave.
Sioux Falls, SD 57104
United States
