Terms of Service
www.17thstsurfshop.com & www.17thst.com
last updated 1 May 2008

Thank you for visiting the websites: www.17thstsurfshop.com and www.17thst.com (or the “Websites”).  Haylon Corporation (or "we" or "us") is the owner of the Websites.  These Terms of Service (or “TOS”) constitute a binding agreement between you and Haylon Corporation governing your use of the Websites. BY USING ANY OF THE WEBSITES, YOU EXPRESSLY ACCEPT AND AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS CONTAINED WITHIN THE TOS.  These TOS hereby incorporate by reference both the PRIVACY POLICY and the PRODUCT SALES TERMS AND CONDITIONS for the Websites to be part of this agreement.  Subject to your compliance with the terms and conditions herein, we grant you a nonexclusive license limited to your personal viewing the Websites using conventional web browsers, submission of information to the Websites, downloading or receiving product information from the Websites for your personal printing and review, and the purchasing of our products.  This license terminates automatically if you breach any of these Terms of Service, or upon the request of Haylon Corporation.  All other rights are reserved by Haylon, Corporation.

IF YOU DO NOT AGREE WITH ANY PROVISION WITHIN THE TERMS OF SERVICE, THEN DO NOT USE ANY OF THE WEBSITES.  PLEASE NOTE THAT INTERNET TECHNOLOGY AND APPLICABLE LAWS CHANGE FREQUENTLY; HAYLON CORPORATION RESERVES THE RIGHT TO MAKE CHANGES TO THESE TOS AT ANY TIME.  YOUR CONTINUED USE UNDER THE TOS CONSTITUTES ASSENT TO THE THEN APPLICABLE TOS. 

If you have any questions regarding these TOS, you should contact the Customer Service Department by email at customersupport@17thst.com.

Changes to this TOS are discussed at the end of this document.  Each time you use the Websites, the then current version of this TOS will apply.  Accordingly, you should check the date listed above for the TOS and review any changes from the last time you used the Websites. 


OWNERSHIP
We, Haylon Corporation, own the Websites and sell the products purchased through the Websites.  All of the content, arrangement of the Websites’ content, wallpaper, icons, characters, artwork, “look and feel,” images, graphics, product packaging, music, text, software, HTML, CGI, and other code and scripts in any format used to implement the Websites, etc. (or the "Content and Code”) are owned, controlled by, or licensed by or to Haylon Corporation.  The Content and Code of the Websites are protected by copyright law, trademark law, patent law, and other intellectual property laws.  Except as expressly set forth above, you shall not copy, modify, upload, translate, download, transmit, publish, publicly display, or distribute any Content and Code from the Websites without the prior written agreement of Haylon Corporation.  Commercial use of the Websites or any Content and Code is prohibited.

You may not use the Content and Code for any purpose other than those expressly authorized above.  All names, logos, and trademarks which appear on the Websites are the property of Haylon Corporation or are used here by license from their owner.  You may not use any of the foregoing for any purpose without the prior express written permission of Haylon Corporation.  Your failure to comply with the TOS will constitute breach of contract and an infringement under copyright and other intellectual property laws.


NO LICENSE
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other intellectual property of Haylon Corporation, its affiliates, or any third party.


LINKS TO THE WEBSITES; FRAMING; DOMAIN NAME
Any framing, mirroring, deep-linking, or in-line linking, is prohibited.  In addition, use of our domain names, trade names, product names, or trademarks as meta-tags for other web sites, within spam or other emails, or with spoofed addresses is prohibited.  Creating or maintaining a link from another web site to any page of the Websites without our prior written permission is prohibited.  Any permitted links to the Websites must comply will all applicable law.


THIRD PARTY LINKS
From time to time, the Websites may contain links to web sites that are not owned, operated or controlled by Haylon Corporation or its affiliates.  All such links to third party sites are provided solely as a convenience to you. If you use these links, you will leave the Websites.  We and our affiliates will have no responsibility for any content, materials, terms of use, privacy policies, products, or any other aspect of such third party web sites.  We make no representation, endorsement, or warranty regarding any third party web site.  Follow links to third party web sites at your own risk.


POSTING
You are prohibited from posting or transmitting any content or other material on the Websites.  Unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material may also be considered a criminal offense or give rise to civil liability.  We reserve all rights and remedies for any violation of these TOS, including taking any action We reasonably deem necessary to remove any posted content or material, or otherwise cure the violation.


UNSOLICITED SUBMISSIONS; USER COMMUNICATIONS
Other than personally identifiable information, which is subject to the PRIVACY POLICY for the Websites, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit to the Websites in any manner ("User Communications") is and will be considered non-confidential and non-proprietary.  We and our affiliates may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes and in a manner consistent with their respective agreements with each other.  We reserve the right, but are not obligated to monitor or review any User Communications.  We shall have no obligations to use, return, review, protect, or respond to any User Communications.  We shall have any liability whatsoever relating to the content of any such User Communications.  


TRADEMARKS
Certain trademarks, trade names, service marks, and logos on the Websites are registered or unregistered marks of Haylon Corporation and its affiliates.  The Content includes trade dress of Haylon Corporation.  Other marks are the registered or unregistered marks of their respective owners, used by license from the owner.  Nothing on the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, service mark or logo, registered or otherwise, without the written permission of Haylon Corporation or any such third party owner.


Privacy
Our PRIVACY POLICY governs the use of personally identifiable information, such as your name, address, e-mail address, telephone number, etc. submitted to the Websites.


CONTENT DISCLAIMER
We publish information on the Websites as a convenience to our customers or other visitors. While we attempt to ensure that information on the Websites is reasonably complete, accurate, and current, despite our efforts the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Websites.  For example, products included on the Websites may be unavailable, may have different attributes than those listed, or may have an incorrect or inconsistent price listing. In addition, we may make changes in the information, such as with price and availability, without notice.  WE DISCLAIM ANY DUTY TO UPDATE THE WEBSITES, MAINTAIN THE ACCURACY OF THE CONTENT, OR TO MODIFY THE CONTENT.  Haylon Corporation and its affiliates shall not be liable for any failure to update any such information. It is your responsibility to verify any information contained in the Websites before relying upon it.  We reserve the right to withdraw, revise, terminate, or modify the Websites, the Content, or the products at any time without notice.

While it is Our practice to confirm orders by email, the receipt of an email order confirmation does not constitute Our acceptance of an order or our confirmation of an offer to sell a product or service.  We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.  We also may require verification of information prior to the acceptance and/or shipment of any order.  For more details, please see Our PRODUCT SALES TERMS AND CONDITIONS.


NOTICE OF COPYRIGHT INFRINGEMENT
We seek to respect the intellectual property rights of others.  If you believe that a copyright protected work of yours may have been copied or is somehow accessible on the Websites so as to be an infringement of your copyright, then we request that you provide Us with the following as soon as possible:

  • Your name, address, and daytime telephone number, so that we can contact you if needed
  • A description of the work
  • A description of how you think the work has been copied by the Website, including the location of the Website and what portion of the site you think is affected
  • A description of how you came to own the work, such as being the original author or corporation that created the work

If we encounter conflicting information about the source of the work, We may also need the following:

  • A statement from you describing why you have a good faith belief that the use of the copyright protected work is not licensed by the copyright owner;
  • The signature of the copyright owner or, if the owner is a corporation, the signature of an officer or agent of the corporation authorized to assert copyright infringement and to submit this notice;
  • A statement from the signatory that the information in the copyright notification is true and accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the copyright.

Our Copyright Agent for notice of these claims is Our Director of Customer Service, who may be reached as follows:

Attn: Director of Customer Service
(757) 486-5055
Haylon Corporation
Customer Service Department
508 Viking Drive
Virginia Beach, Virginia  23452

GENERAL DISCLAIMER
HAYLON CORPORATION AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE WEBSITES.  HAYLON CORPORATION AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE WEBSITES AND ALL CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY HAYLON CORPORATION AND ITS AFFILIATES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

LIMITATION OF LIABILITY
ANY USE BY YOU OF THE WEBSITES IS AT YOUR OWN RISK.  IN NO EVENT SHALL HAYLON CORPORATION OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM THE WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE CONTENT, INFORMATION ON, OR INFORMATION ACCESSED THROUGH THE WEBSITES.

Indemnity
You agree to indemnify and hold Haylon Corporation and its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of your use of the Websites or arising from any breach of these TOS by you.

MISCELLANEOUS
These TOS, including the PRIVACY POLICY and the PRODUCT SALES TERMS AND CONDITIONS, constitute the entire agreement between Haylon Corporation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Haylon Corporation, or by the posting by Haylon Coorporation of a revised version on the Websites.  This agreement and any access to or use of the Websites shall be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions.  The exclusive forum and venue for any disputes arising out of or relating to these TOS or your use of the Websites shall be an appropriate federal or state court located in Norfolk, Virginia, USA, and the parties hereby waive objections to such forum and venue.  The Uniform Computer Transactions Act, or any version thereof, adopted by any state in any form ("UCITA"), shall not apply to this agreement.  To the extent that UCITA is applicable, you and Haylon Corporation agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.  Any waiver or modification of any term of these TOS shall only be effective if it is in writing and signed by both parties.  The failure of either party to enforce any right granted hereunder, or to take action against the other party in the event of any breach, shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.  If any part of this agreement is found invalid or unenforceable by a court of competent jurisdiction, then the remainder of this agreement shall be interpreted so as to reasonably effect the intention of the parties.  If any action is brought by either party to this agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

CHANGES
We reserve the right, at our sole discretion, to modify or replace any part of these TOS at any time. It is your responsibility to check the TOS, including the PRIVACY POLICY and the PRODUCT SALES TERMS AND CONDITIONS periodically for changes. Your continued use of or access to the Websites following the posting of any changes constitutes acceptance of those changes.  

CONTACT
If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to call our customer service department at 1-757-486-5055.
customersupport@17thst.com.
Haylon Corporation
Customer Service Department
508 Viking Drive
Virginia Beach, Virginia  23452

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