1) General. GAGWS may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will GAGWS be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 11.
3) Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. GAGWS does not have any control over those non getagripwatersports.com websites and webpages, and is not responsible for their contents or their use. By linking to a non getagripwatersports.com website or webpage, GAGWS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. GAGWS disclaims any responsibility for any harm resulting from your use of non-getagripwatersports.com websites and webpages.
4) Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of GAGWS and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
5) Communications with Get A Grip Water Sports. All notices and other communications to GAGWS required under this Agreement should be directed to the contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent.
6) Limitation of warranties of Get A Grip Water Sports, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and GAGWS, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. GAGWS makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying spelling errors or writing mistakes. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that GAGWS, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
7) Limitation of liability of Get A Grip Water Sports, its suppliers and its licensors. Except as otherwise expressly stated, in no event will GAGWS, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if GAGWS, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against GAGWS, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to GAGWS during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 8 represents a reasonable allocation of risk.
9) Indemnification. You agree to defend, indemnify and hold harmless GAGWS, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
10) Termination. GAGWS may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to GAGWS.
11) Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
12) Miscellaneous. These Terms and Conditions constitute the entire agreement between GAGWS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GAGWS, or by the posting by GAGWS of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Duval County, Florida. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. GAGWS may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.