Terms and Conditions

Welcome to Active Water Sports. By accessing and using activewaterssports.com, you agree to comply with and be bound by the following terms and conditions. These terms govern your relationship with us regarding your use of our website and the purchase of our products. Please read them carefully before placing any order or engaging with our content. If you do not agree with any part of these terms, we ask that you refrain from using our website.

Acceptance of Terms

By using this website, you confirm that you are at least the age of majority in your jurisdiction and that you have the legal capacity to enter into a binding agreement. These terms apply to all users, including visitors, customers, and contributors. We reserve the right to update or modify these terms at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of the website following the posting of changes constitutes your acceptance of those changes.

Use of the Website

You agree to use our website for lawful purposes only. You may not use our site in any way that causes damage to the site, impairs its availability, or interferes with other users’ access. You agree not to engage in any activity that could harm, disable, overburden, or compromise our systems or security. You also agree not to attempt to gain unauthorized access to any portion of the website, other user accounts, or any related systems or networks.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You accept full responsibility for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to protect your account information.

Products and Pricing

Active Water Sports offers a curated selection of premium water sports equipment, including wakeboards, wakesurf boards, bindings, vests, ropes, and accessories. We strive to ensure that all product descriptions, images, specifications, and pricing on our website are accurate and up to date. However, we do not warrant that product descriptions or other content are error-free, complete, or current. If a product offered by us is not as described, your sole remedy is to return it in unused condition in accordance with our return policy.

Prices are subject to change without notice. We reserve the right to modify or discontinue any product at any time without prior notice. We also reserve the right to limit the quantities of any products we offer. All product descriptions and pricing are subject to confirmation at the time of order processing. In the event of a pricing error or inaccuracy, we reserve the right to cancel or refuse any orders placed at the incorrect price, even after you have received an order confirmation.

Orders and Payment

When you place an order on our website, you are making an offer to purchase the selected products. We reserve the right to accept or decline your order for any reason, including product availability, suspected fraud, or errors in pricing or product information. After we receive your order, we will send you an acknowledgment confirming receipt. This acknowledgment does not constitute acceptance of your order. Acceptance occurs when we dispatch the products to you.

You agree to provide current, complete, and accurate purchase and account information for all orders placed on our website. We may use third-party payment processors to handle your transactions. By providing your payment information, you authorize us and our processors to charge the applicable amount for your purchase.

Intellectual Property Rights

All content on activewaterssports.com, including but not limited to text, graphics, logos, images, product designs, software, and compilations, is the exclusive property of Active Water Sports or our content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, display, transmit, or create derivative works from any content on our website without our prior written consent.

The Active Water Sports name, logo, and all related product names and service names are trademarks of our company. These trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.

User-Generated Content

We may provide opportunities for users to submit reviews, comments, or other content on our website. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media. You represent and warrant that you own or control all rights to the content you submit, and that the content is accurate, not misleading, and does not violate these terms or any applicable laws.

We reserve the right to remove or edit any user-generated content that we deem inappropriate, offensive, or in violation of these terms.

Disclaimer of Warranties

Our website and all products and services provided through it are offered on an “as is” and “as available” basis. To the fullest extent permitted by law, Active Water Sports disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

We do not guarantee that the products you purchase will meet your specific expectations or riding preferences. Water sports equipment performance can vary based on rider skill level, water conditions, and boat setup. We encourage you to research products thoroughly before purchasing.

Limitation of Liability

To the maximum extent permitted by law, Active Water Sports shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or our products. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising from these terms or your use of our website shall not exceed the amount you paid for the product giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so this limitation may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Active Water Sports and our affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your use of our website, your violation of these terms, or your infringement of any third-party rights.

Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We provide these links for your convenience only, and their inclusion does not imply endorsement by Active Water Sports. We encourage you to review the terms and conditions and privacy policies of any third-party sites you visit.

Governing Law and Dispute Resolution

These terms shall be governed by and construed in accordance with the laws of the jurisdiction in which our company operates, without regard to its conflict of law principles. Any dispute arising out of or relating to these terms or your use of our website shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration shall be conducted by a single arbitrator in accordance with applicable arbitration rules. The place of arbitration shall be determined by us. The decision of the arbitrator shall be final and binding on both parties. You agree that any claim must be filed within one year after the claim arose; otherwise, the claim is permanently barred.

Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the original intent.

Entire Agreement

These terms and conditions, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Active Water Sports regarding your use of our website and purchase of our products. They supersede all prior or contemporaneous communications and proposals, whether oral or written.

Contact Information

If you have any questions or concerns regarding these terms and conditions, please reach out to us through the support options available on our website. Our team is here to assist you and ensure your experience with Active Water Sports is positive and rewarding.

Thank you for choosing Active Water Sports. We value your business and look forward to being a part of your water sports journey. Ride safe, ride often, and enjoy the wake.