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Terms and Conditions for Finatic™


These Terms and Conditions govern your subscription to, participation in and use of our Finatic™ Fin Testing Program™. By subscribing to our Finatic™ Fin Testing Program™ you accept and agree to be bound by these Terms and Conditions and you accept and agree to be bound by our waiver. If you do not agree to these Terms and Conditions and our Finatic™ waiver, you should not subscribe to our Finatic ™ Fin Testing Program™.

These Terms and Conditions represent an ongoing contract between you and The Surfboard Warehouse, Inc. and apply to your subscription to, participation in and use of our Finatic™ Fin Testing Program™. These Terms and Conditions affect your rights and responsibilities and you should read them carefully.



Changes to Terms and Conditions
The Surfboard Warehouse, Inc., reserves the right, with or without prior notice or warning, to change these Terms and Conditions. The most current version of our Terms and Conditions will replace all previous versions when published to our website. Your use/subscription and continued use/subscription to the Finatic™ Fin Testing Program™ means that you agree to be bound by such changes. It is your sole responsibility to occasionally review our Terms and Conditions for Finatic™ Fin Testing Program™ in order to note any updates or changes.



How Finatic™ Works

Finatic™ is our EXCLUSIVE, online, subscription based, Fin Testing Program™ that allows its subscribers to test virtually every set of fins that FCS, FCS II, Future Fins, Kinetik Racing, 3D Fins, Fin-S, Rainbow and Turbo Tunnel have to offer. Finatic™ subscribers will choose a subscription membership level, (Basic, Premium, or Platinum) which determines which fins are available for testing and whether the Finatic™ subscriber may have one or two fin sets checked out simultaneously. Basic members DO NOT have access to all the fins we offer, (please see the Finatic™ sign up page for current details) while Premium members DO have access to all of the fins we offer and Platinum members have access to all of the fins we offer as well as the ability to have two fin sets checked out simultaneously. Basic/Premium members will select three fin sets that they would like to test and based on availability; will receive ONE of those three fin choices VIA the shipment method of our choice within a few days. Platinum members will select FIVE fin sets that they would like to test and based on availability; will receive TWO of those FIVE fin choices within a few days. There are no restrictions to the number of fins that you can test, although Basic and Premium members can ONLY have one set of fins out at a time, while Platinum members may have two sets out at a time. All shipping is covered by the monthly membership fee and is discussed further in our “Finatic™ Fin Shipment” Section.

We reserve the right to make changes from time to time and possibly without warning, to how we operate Finatic™, INCLUDING which fins are available in EACH subscription level.


Finatic™ Fin Shipment
Finatic™ is an industry leading, one of a kind program and we will do our best to get fins to Finatic™ members in a timely fashion. Fins will ship from our Brandon, Florida warehouse using various shipping methods that will take an average of two to three days within the continental United States, BUT COULD TAKE MORE TIME due to circumstances beyond our control. We will do everything in our power to resolve any shipping issues as they arise; however, we can not be held accountable for shipments once they leave our warehouse. Your account will have updated tracking information listed next to the set(s) of fins that have been sent. We will attempt to notify you via the email listed on your account when we have received fins that you have returned and we will attempt notify you via the same e-mail once we have shipped out your next set of fins. YOU MUST HAVE THREE (OR FIVE) FINS SELECTED IN YOUR QUEUE IN ORDER FOR US TO PROCESS/SHIP YOUR NEXT SET(S) OF FINATIC™ FINS. Finatic™ REQUIRES that you have three (or five) fins selected in your queue to insure that your next set of fins can be shipped in a timely manner. We will also attempt to ship your next set of fins out within 24 to 48 hours, but based on demand and availability of particular fins, this time frame could vary.

There are no late fees or due dates and we encourage you to keep fins until you are comfortable with how they affect your surfing so that you can truly understand what different fins do for you, your surfing and your board. Provided you continue to be a paying member of the Finatic™ Fin Testing Program™ and keep your account in good standing (based on our discretion) you may keep the fins delivered to you as long as you like. When returning Finatic™ Fins, Finatic™ members are REQUIRED to return them in the prepaid envelope supplied. If Finatic™ Fins are NOT returned in the return envelope we are NOT responsible in any way for that return shipment, should the fins get lost in the mail or damaged/destroyed in transit. We will do NOT supply any additional return envelopes should the original envelope be lost, damaged or destroyed. We do not enforce any return dates (other than upon cancellation of the service or possibly when downgrading your Finatic™ account). You will be required to return any fins outstanding BEFORE you may cancel your Finatic™ subscription.


Loss or Destruction of Fins
You here by acknowledge that Finatic™ Fins are your sole responsibility between the time your tracking number verifies they've been delivered AND UNTIL the return tracking number has verified that they've been picked up. (based on our discretion) If Finatic™ Fins ARE NOT returned in the prepaid envelope provided and are “lost” in the mail, or damaged/destroyed while in transit to us, we ARE NOT responsible for this and you will be charged for the missing or damaged/destroyed Finatic™ Fins. If Finatic™ Fins are "damaged" or "lost" while in transit from you to us, OR us to you and the shipping company in question CAN NOT verify the "damage" or "loss" you will be held accountable for said Finatic™ Fins. You here by agree to alert us IMMEDIATELY upon receipt of Finatic™ Fins arriving "damaged" or "lost". Upon loss or destruction (based on our discretion) of an entire set fins you will be required to pay CURRENT FULL RETAIL PRICE for that set of fins. Upon loss or destruction (based on our discretion) of a single fin within a set you will be required to pay CURRENT FULL RETAIL PRICE of the replacement fin, when applicable. You hereby consent to our charging your payment method for any lost or destroyed fins. If you return a set of Finatic™ Fins and that set is missing one or MORE fins we reserve the right to charge your payment method on file IMMEDIATELY for the missing fin(s). By participating in the Finatic™ program you hereby consent to The Surfboard Warehouse, Inc. charging your payment method on file WITH OR WITH OUT WARNING for ANY Finatic™ Fin loss/damage.

We all surf and we understand the normal wear and tear that fins may receive, we are NOT talking about this damage. When we talk about damage or destruction, we are talking about extraordinary damage that would deem (at our discretion) fins incapable of being surfed OR damage that would GREATLY affect the accuracy of the fins. We ask that you take care of our fins so that everyone within the Finatic™ Fin Testing Program™ program will have fins that are in the best shape possible to test and so that you may avoid any extra charges. REMEMBER, SOMEONE WILL SURF THESE FINS AFTER YOU!

We will attempt to contact you to discuss any potential charges of this nature, but ultimately reserve the right to recover any of our loss or damages. You hereby agree to contact us the day that you believe that you have lost or you believe that you may have destroyed a fin/fin set, so that we may charge your billing method on file FULL RETAIL PRICE of those fins. Once we have charged your payment method on file, you may decide to continue or cancel your membership to our Finatic™ Fin Testing Program™. THERE ARE NO REFUNDS FOR PAST OR PARTIAL USED MONTHS. This is why it is imperative that you alert us immediately upon the loss or destruction of fins that you have checked out via the Finatic™ Fin Testing Program™.


Billing

Once you sign up for Finatic™, we will continue to bill your payment method on a monthly basis based on your chosen membership subscription level until you cancel. You may cancel your membership at anytime by emailing finatic@thesurfboardwarehouse.com (we only accept cancellations through this email address, WE CANNOT ACCEPT PHONE CANCELLATIONS) only if your account is in good standing (based on our discretion) and all outstanding fins have been returned and received in non-destroyed condition (based on our discretion) by The Surfboard Warehouse, Inc.

By starting your Finatic™ membership, you explicitly agree that we are authorized to charge you the monthly subscription fee based on your chosen Finatic™ membership subscription level. You also agree that we are authorized to charge you any applicable tax and any other charges you may incur in connection with your use of the Finatic™ Fin Testing Program™. You agree that we are authorized to charge the payment method you provided during registration (or a different payment method if you change your account information) to collect payment for the Finatic™ Fin Testing Program™ and any additional charges in connection with Finatic™. Additional charges may include gift subscription purchases you make, charges for failing to return fins, or charges for fins that are destroyed (based on our discretion) while in your possession (based on our discretion).

As used in these Terms and Conditions, "billing" shall indicate a charge or debit, against your payment method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and again on each monthly renewal thereafter unless and until you cancel your membership. By agreeing to these Terms and Conditions you are authorizing us to charge your payment method each month on the calendar day corresponding to the beginning date of your membership. In the event your membership began on a day not contained in a given month, we will charge your payment method on the last day of said month. ALL FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MONTHS. Furthermore, you here by agree that The Surfboard Warehouse, Inc. IS NOT RESPONSIBLE FOR ANY OVERDRAFT FEES YOU MAY INCUR FROM YOUR BANK BECAUSE OF ANY CHARGE ASSOCIATED WITH THE FINATIC™ FIN TESTING PROGRAM™. It is your sole responsibility to ensure that your bank account (when applicable) has the appropriate funds to pay for ANY charges associated with the Finatic™ Fin Testing Program™. We reserve the right to change the fees and charges, or add new fees and charges from time to time, but we will attempt to give you advance notice of these changes via your email on file. If you would like to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information by clicking on the "My Account" link underneath the customer service tab, available at the home page of our web site www.TheSurfboardWarehouse.com.


Two weeks till Expiration policy
If your Credit Card on file reaches TWO WEEKS before its expiration date, WE MAY CHARGE YOUR CARD FOR ANY OUTSTANDING FINS. If this happens you will have 30 days from the date you were charged for your outstanding Finatic™ Fins to switch your card on file to a current credit card OR send back all outstanding Finatic™ Fins. (said fins will also need to be deemed to be in good useable condition based on our discretion) If either requirement is met we will refund charges incurred for outstanding fins. If your payment method reaches its expiration date and we have been UNABLE to charge your card for any outstanding fins, your continued use of the Finatic™ Fin Testing Program™ constitutes your authorization for us to continue billing you that payment method and you remain responsible for any uncollected amounts, ALL OUTSTANDING FINS AND ALL UNPAID SUBSCRIPTION MONTHS. In conjunction with this policy we will attempt to contact you via the email of file and/or the phone number on file when your credit card on file has reached two months till it's expiration, then again at one month till exparation and then one final time the month of it's expatiation before we charge your card for any outstanding Finatic™ Fins. It is YOUR SOLE RESPONSIBILITY to keep your Finatic™ contact information accurate, including, but not limited to: email address, phone number, shipping address and billing address. You here by agree that The Surfboard Warehouse, Inc. IS NOT RESPONSIBLE FOR ANY OVERDRAFT FEES YOU MAY INCUR FROM YOUR BANK BECAUSE OF ANY CHARGE ASSOCIATED WITH THE FINATIC™ FIN TESTING PROGRAM™, it is your sole responsibility to ensure that your bank account (when applicable) has the appropriate funds to pay for ANY charges associated with the Finatic™ Fin Testing Program™.
              

Ongoing Membership
Your Finatic™ membership will continue in effect unless and until your cancellation request has been approved or if we choose to terminate said membership. You may request to cancel your Finatic™ membership by emailing finatic@thesurfboardwarehouse.com, your cancellation request will be granted assuming all outstanding fins have been returned in good condition (at our discretion) and your account is in good standing (at our discretion).  You must cancel your membership before it renews each month in order to avoid being charged the next month's subscription fees to your payment method. We will charge the monthly subscription fee plus any applicable tax to the payment method you provide to us during registration (or to a different payment method if you change your account information) until your membership has been canceled. YOUR FINATIC™ MEMBERSHIP REMAINS ACTIVE AND YOU ARE RESPONSIBLE FOR YOUR MONTHLY MEMBERSHIP FEE UNTIL WE HAVE RECEIVED AND APPROVED YOUR FINATIC™ MEMBERSHIP CANCELLATION REQUEST.


Membership Levels and Benefits
As a Finatic™ member you will ALSO qualify for the following Benefits, based on the appropriate membership subscription level. Premium & Platinum Finatic™ members are ELIGIBLE to receive FREE shipping on ANY new fin purchases. Finatic™ account confirmation must be made VIA email, phone or live chat with a tSBW representative who will then provide you with a coupon for FREE shipping. (Certain restrictions can apply. The FREE Finatic™ new fin shipment policy is on a case by case basis and may be dependent on: length of Finatic™ membership and account standing.)  

As a Finatic™ member you will also receive DISCOUNTS of up to 30% off on USED Finatic™ Fin purchases. Basic Finatic™ members will receive 10% - 20% off, Premium Finatic™ Members will receive 15% - 25% off and Platinum Finatic™ members will receive 20% - 30% off. (Certain restrictions can apply. USED fin discounts are on a case by case basis and ARE dependent on: subscription level, length of Finatic™ membership, account standing and used fin condition.) Please contact a tSBW representative if you are interested in purchasing a set of used Finatic™ fins that you have checked out.


Upgrading and Downgrading
If you are Finatic™ member and wish to upgrade your account, please contact us by phone at 813.436.4746813.436.4746. Basic Finatic™ members will be charged a one time $5.00 fee to upgrade to the Premium Finatic™ service or a one time $15.00 fee to upgrade to the Platinum Finatic™ service. Premium Finatic™ members will be charged a one time $10.00 fee to upgrade to the Platinum Finatic™ service. Access to new fins and services will begin IMMEDIATELY upon payment confirmation and your billing date will REMAIN the date of your original subscription. If you upgrade your membership subscription you hereby consent to us charging your payment method on file for the amount associated with the upgrade AND the monthly amount required for your NEW Finatic™ membership level.

If you are a Finatic™ member and wish to downgrade your account, please contact us by phone at 813.436.4746813.436.4746. Your account will be downgraded on your next billing cycle ASSUMING by that time any fins that you would NOT BE ALLOWED TO KEEP CHECKED OUT for the downgraded account are returned and received (in good condition, based on our discretion) and your account is in good standing (based on our discretion). IF THIS DOES NOT HAPPEN, YOUR ACCOUNT WILL NOT BE DOWNGRADED UNTIL THIS REQUIREMENT IS MET, and you will continue to be charged YOUR CURRENT subscription amount on future billing dates.


Finatic™ Fin Reviews
Finatic™ now offers its members the ability to review the fins they test. Finatic™ Fin reviews are only accepted though the Finatic™ back office, once a Finatic™ Fin has been returned. Upon logging into the Finatic™ back office, members will see a "review" button next to any fins that have been returned. We ask for information including, your height and weight among other things. Any review you submit WILL be posted on our website (subject to our terms below) along with your first name, last initial and location. This is meant bring a personal experience to the fin review and to allow our Finatic™ members, as well as our regular customers, to see where Finatic™ members are surfing particular fins as well as the surf conditions and the type of board they used the fins on. This information will help everyone to better understand their fin choices and their surfing.

Fin reviews submitted to Finatic™ are the exclusive property of The Surfboard Warehouse, Inc. While we try to keep all reviews as original and accurate as possible, Finatic™ Fin reviews MAY be disapproved and/or edited for any reason including, but not limited to, grammar, length and/or content. If approved, your review WILL be posted publicly on our website. If you would like to see your review, it will typically be posted on our website within 48 hours after being submitted under the appropriate fin description. By submitting a Finatic™ Fin review, you hereby agree that we may publicly post any information within your review as well as your first name and last initial. If you do NOT agree to our Finatic™ Fin Review Terms and Conditions you are hereby warned NOT to submit a Finatic™ Fin Review.


Cancellation
You may cancel your subscription to the Finatic™ Fin Testing Program™ at anytime, and cancellation will be effective immediately assuming your account is in good condition (based on our discretion) and all outstanding fins have been returned and received in non-destroyed condition (based on our discretion) by The Surfboard Warehouse, Inc. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIALLY MONTHS. To cancel your subscription to the Finatic™ Fin Testing Program™ you must email us a cancellation request to finatic@thesurfboardwarehouse.com. Once we approve your cancellation request, you will receive a confirmation email. If you do not receive confirmation that your account has been cancelled please contact us by phone 813.436.0484813.436.0484 to make sure your subscription was indeed terminated.

We reserve the right to terminate your account for any or no reason. If we cancel your subscription and terminate your account, you will be notified to return all outstanding fins. We will charge you the full retail price of any outstanding fins and continue to charge your payment method until such time as you return all outstanding fins. When you return the outstanding fins in good usable condition (based on our discretion), we will refund to your credit card the full retail price of the fins.

Failure to Pay Policy
If your credit card fails to process any Finatic™ monthly subscription charges, you will be sent a "Failure to Pay" notice via email on the following 1st. or 15th. (whichever is applicable) and your account will be considered delinquent, during which time tSBW staff will continue their efforts to contact you by email and by phone. You hereby consent to The Surfboard Warehouse, Inc. and it’s employees attempting to use all reasonable means to contact you regarding your delinquent Finatic™ account. ALL contact regarding this matter will be attempted using the contact information that we have on file for you. It is YOUR sole responsibility to keep said information current, The Surfboard Warehouse, Inc., its employees and its affiliates ARE NOT RESPONSIBLE for having incorrect or inaccurate contact information on file for you. If you fail to respond after 45 days of delinquency your account will be forwarded to a collection agency for the retail value of the fins that you have checked out (if any), the TWO months that are back owed, and the collection agency fees. (Subject to change, BUT CURRENTLY 33.3%) IF YOU HAVE FINS CHECKED OUT YOU ARE STILL A FINATIC™ MEMBER AND YOU WILL CONTINUE ACCRUE YOUR MONTHLY FEE EVEN IF YOU HAVE BEEN TURNED OVER TO COLLECTIONS, which you are still responsible for! The collection agency will add on any other past due monthly subscription fees that happen between the time we hand your account over to them and the time they collect from you. Basically KEEP YOUR ACCOUNT CURRENT so everyone can enjoy the Finatic™ Fin Testing Program™.


Jurisdiction and Venue
You agree that any legal action brought against THE SURFBOARD WAREHOUSE, Inc. or by THE SURFBOARD WAREHOUSE, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of our Finatic™ Fin Testing Program™ shall be an appropriate federal or state court located in Brandon, Florida. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

By subscribing and participating in to the Finatic™ Fin Testing Program™ you hereby EXPLICITLY agree that you will not start, directly or indirectly own, operate, manage, facilitate, direct, advise, consult for, work for, or divulge trade secrets to any competitive online surfboard fin rental/fin testing business/program domestic or abroad at any time while you are a member of Finatic™ and for a period of three years after cancellation or termination of your Finatic™ membership. You also agree that by violating this provision of these Terms and Conditions, there is no adequate remedy at law and The Surfboard Warehouse, Inc. will be entitled to injunctive relief, without bond, in addition to other relief. You will be responsible for any monetary or other damages, such as compensatory, incidental, consequential and lost profits damages, including interest thereon, that arise from your breach of this provision. You will also be responsible for attorneys’ fees and costs incurred by The Surfboard Warehouse, Inc. resulting from enforcing this provision of the Finatic™ Terms and Conditions. Finatic™ is protected by US Trademark laws, US Copy Right laws and the provisions set forth here in our terms and conditions. We will not tolerate Plagiarism, Trade Mark Infringement or ANY violation of this provision or any part of these terms and conditions IN ANY FORM in part or in full and we will take legal action to protect our original concept that is the Finatic™ Fin Testing Program™. Finatic™ is our ORIGINAL concept conceived in 2007 and started in 2008 and we won’t hesitate to protect Finatic™ by taking legal action when necessary.

I have read and understand these Finatic™ Terms and Conditions prior to agreeing to them and am aware that by subscribing to/participating in the Finatic™ Fin Testing Program™ I am signing this document and I am affecting the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and assigns in relation to The Surfboard Warehouse, Inc. Furthermore, I agree that any persons name that I associate with my Finatic™ account, has also read and consented to these Terms and Conditions on my behalf and they agree to be held as a co-signer on my account.

If under 18, I am the parent or legal guardian of the person wishing to join the Finatic™ Fin Testing Program™ and by their participation in the Finatic™ Fin Testing Program™, I hereby agree to the Finatic™ Terms and Conditions stated above on their behalf.

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