Please take a moment to read our Terms And Conditions. By using Bombora (the “App,”) you agree to these Terms And Conditions.
Bombora is controlled and operated by The Gonzo Consortium (the “Company”) from its offices within the United States of America. The Company makes no representation that materials in the App are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the App from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
As is further explained below, you should be aware that the material that appears in the App is for informational and non-commercial purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, services provided by any of our sources or by any third party to whose website we link. The links in this application are designed for convenience only, and do not constitute an endorsement by the Company of that site or any product, service or other material offered on that site.
All contents including but not limited to images, design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright ©2009-2011, The Gonzo Consortium, (Bombora, Bombora Surf) PO Box 41856, Santa Barbara, CA 93140-1856 ALL RIGHTS RESERVED.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS APP. BOMBORA IS PROVIDING THIS INFORMATION AND ITS DATA ON AN “AS IS” BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE COMPANY, INCLUDING ITS EMPLOYEES, DIRECTORS, CONSULTANTS, OFFICERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO AND WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION REGARDLESS OF FORESEEABILITY OF THOSE DAMAGES WHICH ARISE OUT OF THE USE OF OR INABILITY TO USE THE APP, THE MATERIALS, OR ANY HYPERLINKED WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS APP OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW
These Terms And Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Barbara County in all disputes arising out of or related to the use of the Site or Service.
SEVERABILITY & WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms And Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MODIFICATIONS
Company may, in its sole discretion, from time to time, and without prior notice, (a) revise these Terms And Conditions; (b) modify the App, the Materials, and/or the Service; and (c) discontinue the App, the Materials, and/or Service at any time. Company shall post any revision to these Terms And Conditions to the App’s homepage (www.bomborasurf.com) (the “Site”), and the revision shall be effective immediately on such posting. You agree to review these Terms And Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. This Agreement contains the entire agreement of the parties.
ACKNOWLEDGMENT
BY USING THE APP, SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
