Terms & Conditions

LEGAL NOTICE

All content on this site, including but not limited to: informational content, graphic images, and program code such as HTML and JavaScript, are the copyrighted material of Surfside Supply Co. and may not be reproduced in any manner without the expressed written consent of Surfside Supply Co.

TERMS OF USE

Welcome to surfsidesupply.com (the “Site”). By using this Site, you agree to be bound by these Terms of Use (“Terms”), as they may be amended from time to time. You should check these Terms for changes each time you use the Site.

Surfside Supply Co. (“Surfside Supply,” “we,” “us,” and “our”) operates this Site. This Site is made available to you on the condition that you accept all of the terms and conditions contained herein. If you do not agree to these Terms, you should not use this Site. By continuing to use the Site, you accept and consent to be governed by these Terms.

ORDER ACCEPTANCE; RIGHT TO REFUSE SERVICE

Please note that upon placing an order, a receipt is automatically generated and emailed to you confirming purchase intent. This receipt does not constitute a binding contract. Orders may be canceled at any time due to insufficient stock, inability to authorize a credit card, suspicion of fraudulent intent, discovery of an incorrect item price, or any other reason at our discretion.

Surfside Supply Co. reserves the right, in its sole discretion and at any time, to refuse, limit, or cancel any order; to limit quantities purchased per person, per household, or per order; and to deny, restrict, suspend, or terminate any account or Site access for any lawful reason, including where we suspect or determine policy abuse, fraudulent or high-risk activity, or violation of these Terms or any posted policy.

If your order is canceled after your payment method has been charged, we will issue a credit or refund for the applicable amount.

RETURNS; POLICY ABUSE

Our returns policy is offered for customer convenience and is subject to these Terms. We may review account activity for patterns that suggest misuse or abuse. “Policy Abuse” includes, without limitation:

  • Excessive or serial returns (e.g., a materially disproportionate rate of returns relative to total purchases, repeated full-order returns, or repeated “wear and return” behavior);

  • Misuse of free return shipping labels or chargebacks in lieu of following our returns process;

  • Returning items not in their original condition, inconsistent with our return policy, or missing original packaging/tags;

  • Providing materially false, misleading, or incomplete information in connection with an order or return;

  • Activity intended to circumvent quantity limits, new-customer discounts, first-time order benefits, or other promotional restrictions.

Where we reasonably determine Policy Abuse, we may, with or without prior notice and in our discretion:

  1. Assess actual shipping/handling costs or restocking fees permitted by law, or deny free-return benefits;

  2. Refuse returns or exchanges;

  3. Require proof of identity or proof of purchase;

  4. Limit or cancel orders; and/or

  5. Suspend or terminate Site access or account privileges.

PROMOTIONS; GIFTS WITH PURCHASE; MISUSE

Promotions, discount codes, loyalty benefits, and gifts-with-purchase (“GWPs”) are subject to their stated terms and these Terms. We may modify or cancel any promotion at any time.

If a qualifying order for a GWP is returned in whole or in part such that promotional eligibility is no longer met, you agree to either (a) return the GWP unused and in original condition, or (b) pay the posted retail value of the GWP. We may withhold or deduct such amount from any refund.

Unique discount codes provided by Surfside Supply Co. may not be shared, transferred, or used by anyone other than the recipient. We reserve the right to cancel or refund orders that are found to be using unauthorized discount codes, including but not limited to: friends and family discounts, employee discounts, first-time order discounts, or review incentives.

FRAUD SCREENING; VERIFICATION

We use fraud-prevention and risk-assessment tools to protect our customers and business. We may request additional verification (e.g., government-issued ID, matching billing/shipping details) before fulfilling an order.

We may block or cancel transactions associated with suspicious email domains, IP addresses, payment instruments, or shipping addresses. Orders we cannot verify to our reasonable satisfaction may be canceled.

FRAUD; COOPERATION WITH LAW ENFORCEMENT

Surfside Supply Co. takes fraud prevention seriously. If we suspect or confirm fraudulent activity—including but not limited to identity theft, payment fraud, chargeback abuse, or misuse of our return policy—we reserve the right to:

  • Cancel any pending or future orders;

  • Suspend or terminate any related accounts;

  • Share relevant information (including order history, payment details, communications, and IP addresses) with banks, credit card companies, payment processors, collection agencies, and law enforcement authorities; and

  • Pursue civil or criminal remedies as permitted by law.

By using this Site, you acknowledge and agree that Surfside Supply Co. may cooperate fully with law enforcement, court orders, and subpoenas in connection with the investigation of suspected or actual unlawful activity.

ACCOUNT SUSPENSION; SITE ACCESS RESTRICTIONS

We may suspend or terminate accounts or block access to the Site where we reasonably determine a violation of these Terms, suspected fraud, or Policy Abuse.

Appeal Process: If you believe a suspension, restriction, or cancellation was made in error, email info@surfsidesupply.com within 10 days of notice. Provide your name, order numbers, and explanation. We will review in good faith and respond. However, decisions remain within our sole discretion, and these Terms create no right of continued access to the Site, account privileges, or promotional benefits.

NON-DISCRIMINATION

Any refusal of service, order cancellation, or access restriction will be based on objective indicators of policy violations, risk, or abuse. Decisions will not be made on the basis of any legally protected characteristic (e.g., race, color, religion, sex, national origin, disability, age, or other status protected by applicable law).

SITE CONTENT AND USE

The information on this Site is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions. Surfside Supply Co. does not guarantee that the information on this Site is current, accurate, or complete. You rely on the material at your own risk.

Products, prices, and availability may change at any time. Colors may vary depending on your monitor or device, and we cannot guarantee that your hardware will accurately display product colors.

You may not purchase any item from this Site with the intent to resell. We reserve the right, in our discretion, to accept or decline orders, in part or in total, even after payment has been authorized. Refunds will be issued for canceled orders.

INTELLECTUAL PROPERTY

Surfside Supply Co., its licensors, or its content providers are the owners of all rights in this Site and its contents, including designs, text, images, logos, media, interfaces, software, and code (“Content”). All trademarks, service marks, and logos (including “Surfside Supply,” “Surfside Supply Co.,” “SURFSIDESUPPLY,” and the Surfside Supply “wave” logo) are the property of Surfside Supply.

You may not use, copy, distribute, or create derivative works from this Site’s Content without prior written consent. All rights not expressly granted are reserved.

PROHIBITED USES

You are prohibited from:

  • Modifying, distributing, transmitting, or creating derivative works from Site Content;

  • Using the Site for marketing purposes or to compete with Surfside Supply;

  • Uploading viruses, spam, or malicious code;

  • Submitting material that is defamatory, obscene, fraudulent, or infringes third-party rights.

We may refuse or terminate any user account or access to the Site at any time for violation of these Terms.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

This Site is presented on an “as is” basis, and you acknowledge your use is at your own risk. Surfside Supply Co. expressly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Site will be error-free, secure, or uninterrupted.

To the fullest extent permitted by law, Surfside Supply Co. shall not be liable for any damages of any kind, including but not limited to indirect, incidental, punitive, or consequential damages, arising from your use of the Site or any products or services offered.

PERSONAL INFORMATION

You agree that any personal information submitted through the Site is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials. Use of personal information is governed by our Privacy Policy.

INDEMNITY

You agree to indemnify, defend, and hold harmless Surfside Supply Co., its affiliates, officers, directors, employees, agents, and suppliers from any claims, damages, losses, costs, or liabilities (including attorneys’ fees) arising from your violation of these Terms or your use of the Site.

APPLICABLE LAW

These Terms are governed by the laws of the State of New York. By using this Site, you consent to the jurisdiction of state and federal courts located in New York, NY, for any disputes related to these Terms.

GENERAL INFORMATION

These Terms, along with any posted policies, constitute the entire agreement between you and Surfside Supply Co. regarding your use of the Site. If any provision is found invalid, the remainder shall remain in effect. Surfside Supply Co.’s failure to enforce any provision shall not be deemed a waiver.

We may amend these Terms at any time by posting a revised version on this Site. Continued use of the Site after changes are posted constitutes your consent to such changes.

COPYRIGHT INFRINGEMENT POLICY (DMCA NOTICE)

Surfside Supply Co. respects intellectual property rights. To report infringement, please email info@surfsidesupply.com with:

  1. A description of the copyrighted work;

  2. Location of the material on the Site;

  3. Your contact information;

  4. A statement of good-faith belief that use is unauthorized;

  5. A statement made under penalty of perjury that you are authorized;

  6. Your physical or electronic signature.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

SURFSIDESUPPLY (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. 􏰀

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than

those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of men's, women's, and boy's apparel items including but not limited to t-shirts, henleys, polos, fleece, loungewear, swimwear, hats, accessories, outerwear, casual wear, vests, sherpa, tunics, dresses, coverups, and more.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@surfsidesupply.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and

have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state

statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SURFSIDESUPPLY’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless

to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.