Terms of Sale

Terms of Sale

  1. INTRODUCTION

These Terms of Sale are an agreement entered into by and between you and Dryft Board, LLC, doing business as DRYFT1 (“DRYFT1”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference or are otherwise applicable (collectively, “Terms of Sale”) apply to the purchase and sale of products through DRYFT1’s Online Store: https://www.dryftboard.com (the “Site” and hereinafter  “Product(s)”). These Terms of Sale are subject to change by DRYFT1 without prior written notice at any time and in DRYFT1’s sole discretion. Any changes to the Terms of Sale will be effective immediately upon publication on the Site. You should review these Terms of Sale before purchasing any Product or services that are available through the Site.

As part of purchasing any Products from Dryft you have the opportunity to download and sign up for the DRYFT1 mobile application (“DRYFT1 App”) by clicking here (app coming soon)

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

THESE TERMS OF SALE MANDATE THAT ANY DISPUTES BETWEEN YOU AND DRYFT1 WILL BE SETTLED THROUGH BINDING ARBITRATION. BY AGREEING, YOU RELINQUISH YOUR RIGHT TO A COURT TRIAL (INCLUDING CLASS-ACTION LAWSUITS) EXCEPT IN SMALL CLAIMS COURT SCENARIOS. A NEUTRAL ARBITRATOR, RATHER THAN A JUDGE OR JURY, WILL DECIDE YOUR RIGHTS, AND YOU CANNOT FILE CLAIMS AS PART OF A CLASS ACTION. FOR FURTHER DETAILS, SEE THE DISPUTE RESOLUTION SECTION 8 BELOW.

BY PLACING AN ORDER FOR PRODUCTS FROM THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS OF SALE AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. LEGAL AGE MEANS AT LEAST 18 YEARS OLD EXCEPT FOR THE FOLLOWING STATES WHERE THE AGE IS AS FOLLOWS:  ALABAMA (19 YEARS OLD), NEBRASKA (19 YEARS OLD), AND MISSISSIPPI (21 YEARS OLD). YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.

YOU MAY NOT ORDER PRODUCTS FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DRYFT1, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

  1. SALE AND PURCHASE OF DRYFT1 PRODUCTS; SOFTWARE LICENSE

You agree that your order of DRYFT1 Products is an offer to purchase, under the Terms of Sale, all Products listed in your applicable order(s). All orders must be accepted by DRYFT1 or we will not be obligated to sell the Products to you. We may cancel your order(s) even after we send you a confirmation email of your order(s) for any reason, including but not limited to inventory shortage or other issues, and you will not be charged for such orders. If we cancel your order after your payment method has been charged, we will reimburse you the full amount charged. All sales are final, and only unopened products may be returned in accordance with our Return Policy. 

    1. SOFTWARE LICENSE AND UPDATES

Dryft Products use software that is installed on your Dryft Product.  DRYFT1 grants you a limited, non-exclusive, and non-transferable license to use the software for your personal, non-commercial use in connection with your use of the DRYFT1 Products in strict accordance with these Terms of Sale.

The following restrictions apply to the extent permitted by law. You may not:

  • Copy the software, except as expressly permitted by this license.
  • Modify, translate, adapt, or create derivative works or improvements, whether patentable or not, of the software.
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the software or any part thereof, except to the extent permitted by law.
  • Remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property notices relating to the software.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the software or any features or functionality of the software to any third party for any reason. This includes making the software available on a network where it can be accessed by multiple devices at the same time.
  • Bypass, disable, circumvent, or create or implement any workaround to any copy protection, rights management, or security features in or protecting the software.

You further agree and acknowledge that Dryft may deliver software updates or changes to your Product where necessary or desirable. These updates may have a number of purposes, including, but not limited to feature updates or enhancements or updates required for security or safety purposes. For all updates you will receive a notification that you have a set amount of time to initiate the install of the update. If you do not complete the update within that time, the software and/or Product may be temporarily disabled, and you will not be able to access and use the Product until the required update is complete. If Dryft determines that the update is a critical update, Dryft has the right in its sole discretion to automatically install the update.

 Please note that a software update or change could impact data stored by Dryft. Please note that during a software update, your Product will be immobilized temporarily until the software update is complete.  Please contact us as soon as possible if you experience any problems with Product or services following a software update.

    1. PRICES AND PAYMENT TERMS

Terms of payment for DRYFT1 Products are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. Purchases of Products and/or services can be made on the Site. We accept credit cards issued by U.S. banks that are marked as accepted on our Site. For transactions using a credit card, DRYFT1 may obtain pre-approval for an amount up to the total payment. Recurring payments automatically bill all charges and fees to the designated credit card. If you need to change the designated card or update your credit card, you must do so online, which might temporarily delay online payments while we verify your new details.  When making online payments, you represent and warrant to us that (i) the credit card information you provide is true, correct, and complete, (ii) all incurred charges will be honored by your credit card company, (iii) you will be responsible for settling charges incurred by you, including but not limited to shipping and handling charges and any applicable taxes, and (iv) you are the cardholder or authorized user of the card and information used for the transaction regardless of the amount quoted on the Site at the time of your order. 

    1. ORDER ACCEPTANCE, QUANTITY LIMITS AND DEALER SALES

Please note that certain orders may constitute improper use of DRYFT1 Products and services. We reserve the right, at our discretion, to refuse or cancel any order for any reason and may restrict or terminate your account at our discretion. DRYFT1 reserves the right to limit the quantity of items purchased per individual, household, or order, at our discretion. These limits may apply to orders placed under the same account, credit card, or using the same billing and/or shipping address. You will be charged at the time your order is placed. Orders may be canceled due to limitations on quantities, errors in Product or pricing information, or issues identified by our credit and fraud avoidance department. DRYFT1 also reserves the right to prohibit sales to dealers or resellers. Reselling is defined as purchasing Products from DRYFT1 with the intent to commercially sell the same Products to third parties.  Additional verifications or information may be required before accepting any order. We will notify you if your order is canceled or if additional information is needed. If your order is canceled after your payment method has been charged, we will reimburse you the full amount charged.

    1. SALES TAX

If your order includes taxable items, the shipping charge (if any) may be subject to tax based on the state laws of the shipping destination. Gift cards themselves are not taxed, but sales tax will be applied when the gift card is used for purchases.

Your account may also be restricted or terminated at our discretion. DRYFT1 also reserves the right to prohibit sales to dealers or resellers. Reselling is defined as purchasing Products from DRYFT1 with the intent to commercially sell the same Products to third parties. 

    1. TYPOGRAPHICAL ERRORS AND INCORRECT PRICING

In cases where a Product or service is listed at an incorrect price due to typographical errors or incorrect pricing information from suppliers, we reserve the right to refuse or cancel orders placed for the incorrectly priced Product/service. We may refuse or cancel such orders, even if they have been confirmed and your credit or debit card has been charged. If your card has already been charged for the purchase, and the order is canceled, we will promptly issue a credit to your account for the incorrect price.

    1. TRANSFERRING OWNERSHIP OF YOUR DRYFT1 PRODUCTS

Notify us of any product sale or transfer to discontinue related DRYFT1 services. Tracking third-party users might be legally restricted. Your DRYFT1 product data remains subject to our Privacy Policy and any updates to our Privacy Policy. We may offer you the option of transferring your existing DRYFT1 services to a new owner, but we reserve the right to deny such requests at our discretion.

    1. OTHER USERS

These Terms of Sale extend to all individuals operating your DRYFT1 product. You should not permit others to use your DRYFT1 product or your DRYFT1 account.  You bear full responsibility for the actions of anyone utilizing your DRYFT1 product or your DRYFT1 account, including their access to or use of the DRYFT1 Site or DRYFT1 App and their features, functionality and content.

    1. GEOGRAPHIC RESTRICTIONS

DRYFT1 is a registered limited liability company in the State of Delaware.  We provide the DRYFT1 products and services for access or use only by persons located in the United States or any of its territories or possessions. We make no claims that the DRYFT1 product or services or any of its content is accessible or appropriate outside of the United States or any of its territories or possessions. Access to the DRYFT1 products or services may not be legal by certain persons or in certain countries. If you access or use the DRYFT1 products or services from outside the United States or any of its territories or possessions, you do so on your own risk, liability and initiative, is a violation of these Terms of Sale and you are responsible for compliance with local laws.

  1. SAFE USE AND ASSUMPTION OF RISK
  1. RIDING SAFETY

DRYFT1 prioritizes your safety when you ride. Using a mobile phone or other electronic device while riding may be illegal and cause distractions leading to severe injury or death, even with hands-free devices. Safe riding is your responsibility and should be the top priority. Never physically interact with the DRYFT1 mobile application (“DRYFT1 App”) while operating any Product. Allow calls to go to voicemail and never text or email while operating any Product. DRYFT1 is not responsible for mobile phone use while operating any Product. Always obey real-world signs, speed limits, and vehicle laws, which may differ from information within the DRYFT1 App.

  1. APPROPRIATE SAFETY GEAR

When operating or riding or driving any DRYFT1 Product, you agree to always wear a MIPS-certified helmet. You acknowledge that not wearing such safety gear may result in injury, permanent impairment, or death. Further, the failure to wear tested knee, elbow, hip, pelvic, hand, wrist, and eye protection increases the risk of injury, impairment, and death.

  1. ASSUMPTION OF RISK

You acknowledge that operating or riding or driving a DRYFT1 Product is inherently dangerous, is not similar to operating or riding or driving other vehicles and products, and doing so places you at risk of permeant injury, impairment, and death.

 

  1. RETURNS AND RESTOCKING FEE

Please refer to our DRYFT1 Return Policy. 

  1. COLLECTION AND USE OF YOUR INFORMATION

When you use the Products, DRYFT1 may automatically collect information about your Product and/or your use of the DRYFT1 products through your connected device. All information collected through or in connection with the Dryft Products is subject to our Privacy Policy, which details the data we collect. 

  1. LIMITED WARRANTY; ADVERTISEMENTS

Please refer to our Limited Warranty. The advertisement and marketing materials on the Site are for illustration purposes only and may not be an exact representation of the Product. In the event of unclarity or uncertainty regarding specifications, performance, feature and use of a Product, the user manual, Product manual and the Limited Warranty shall always prevail over an advertisement or marketing material.

To better demonstrate certain functions and features of the Product, the advertisement and marketing materials may contain actions performed by professional riders and/or taken with special safety precautions, preparations, and/or in a controlled environment. Certain actions illustrated in the video/photos may be enhanced or created by special effects technology for advertisement purposes only. Using the Product on jumpy, bumpy, uneven, slippery, and/or other complex and challenging road or environmental conditions, and/or performing jumping, stunts, and similar activities, involves inherent danger, despite certain capacities or features that the Product may have or that are illustrated in an advertisement. Furthermore, using the Product in such a manner or under such conditions will shorten the lifespan of the Product (or certain parts/components) due to pressure, impact, damage, wear and tear, and other reasons. Damage to the Product (including its parts/components) increases the risk of Product failure/dysfunction, which imposes danger and risk of loss to users and others. You should always ride safely, use your best judgment, and do not replicate actions that may involve the risk of falls or accidents.

  1. INDEMNIFICATION

To the fullest extent provided by law, You agree to defend, indemnify, and hold harmless DRYFT1, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, but not limited to court costs and reasonable attorneys’ fees and expert fees) arising out of or relating to your violation of these Terms of Sale, any access or use of the Dryft products outside the United States or any of its territories or possessions or use of the Dryft products not in accordance with its intended use and/or specifications.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DRYFT1 AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND EQUITY OWNERS (COLLECTIVELY, “DRYFT PARTIES”), BE RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW.

IN NO EVENT SHALL DRYFT PARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, USE OF THE PRODUCT, BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO DRYFT1’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL DRYFT PARTIES BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THESE TERMS OF SALE OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT DRYFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER’S OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THESE TERMS OF SALE BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

To the extent permitted by applicable law, Dryft Parties hereby disclaim any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided in these Terms of Sale, shall be the only warranties and representations made by Dryft Parties to you, any consumer, and/or end-user. Dryft Parties shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Dryft Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to a consumer or end-user.

 If you are a New Jersey consumer, the above language in this Section shall not apply to you. FOR NEW JERSEY CONSUMERS, TO THE EXTENT PERMITTED BY NEW JERSEY LAW, DRYFT PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED, YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR.

  1. OPERATION OF THE SITE AND CHOICE OF LAW

The Site is operated from the US. All matters relating to the Site and these Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including but not limited to non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

THE PARTIES AGREE THAT THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS OF SALE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES DISCLAIM AND NONE OF THESE TERMS OF SALE SHALL BE SUBJECT TO THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (“UCITA”) (PREPARED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS) AS CURRENTLY ENACTED OR AS MAY BE ENACTED, CODIFIED OR AMENDED FROM TIME TO TIME BY ANY JURISDICTION. TO THE EXTENT THAT ANY ASPECT OF THIS AGREEMENT OR ANY LICENSE GRANTED UNDER THIS AGREEMENT IS UNCLEAR OR DISPUTED BY THE PARTIES AND UCITA, IF APPLIED, WOULD CLARIFY SUCH LICENSE OR RESOLVE SUCH DISPUTE, THE PARTIES AGREE TO CLARIFY SUCH LICENSE OR RESOLVE SUCH DISPUTE INDEPENDENTLY OF UCITA BY APPLYING THE INTENT OF THE PARTIES AT THE TIME THAT THEY ENTERED THIS AGREEMENT.

 

  1. ARBITRATION, CLASS ACTION AND JURY TRIAL WAIVER

We are committed to resolving any issues you may encounter with our Products, including any transactions for Products and services, through collaboration with our customer service team. However, we acknowledge that there might be situations where a satisfactory resolution is not met. 

 

You and DRYFT1 agree that any disputes, claims, or disagreements arising from or related to your purchase and/or use of the Product(s), including orders and purchases made through the Site, will be settled by binding arbitration rather than in court. By accepting these Terms of Sale, you agree that the U.S. Federal Arbitration Act governs this provision’s interpretation and enforcement, and both you and DRYFT1 waive the right to a jury trial or to participate in a class action. This arbitration clause survives the termination of these Terms of Sale and any contractual relationship between you and DRYFT1.

 

To initiate a claim against DRYFT1 and opt for arbitration, you must first send a written notice (“Notice”) to DRYFT1 via certified mail. Address the Notice to General Counsel, Dryft Board, LLC, 1819 Riverview Dr. Suite 206, Melbourne FL 32901, USA (“Notice Address”). Similarly, if DRYFT1 seeks arbitration against you, a written Notice will be sent to your last known address in our records. The Notice, whether sent by you or DRYFT1, needs to (a) describe the nature and basis of the claim or dispute; and (b) specify the relief sought (“Demand”). If no settlement is reached within 30 days after receiving the Notice, either party may pursue arbitration or file a claim in small claims court. During arbitration, neither party’s settlement proposal will be disclosed to the arbitrator. You may obtain the necessary forms for Notice and starting arbitration from the American Arbitration Association (AAA) at www.adr.org. If a filing fee is required, DRYFT1 will reimburse you upon receiving notice at the Notice Address that arbitration has commenced, unless your claim exceeds US $10,000. The arbitration follows the AAA’s Consumer Arbitration Rules, as modified by these Terms of Sale, and is managed by the AAA. The AAA’s Rules and Forms can be found online at www.adr.org, by contacting them at 1-800-778-7879, or by writing to us at the Notice Address. The arbitrator is bound by these Terms of Sale, including this arbitration agreement. All matters are for the arbitrator to decide, including those related to the scope and enforceability of these Terms of Sale. Unless agreed otherwise, any arbitration hearings will occur in the county of your billing address. For claims of $10,000 or less, arbitration may be conducted solely based on documents, through telephone hearings, or by in-person proceedings as per AAA Rules. For claims over $10,000, hearing rights are determined by the AAA Rules. Regardless of the method, the arbitrator will issue a reasoned written decision explaining the award’s essential findings and conclusions. If the arbitrator grants you an award exceeding DRYFT1’s last settlement offer before arbitrator selection (or if no offer was made), DRYFT1 will pay you the awarded amount or US $1,000, whichever is greater. Except as specified, filing, administration, and arbitrator fees follow the AAA Rules. Each party covers its own costs and legal fees except in accordance with these Terms of Sale or unless the statutory claim entitles the prevailing party to recover attorneys’ fees, in which case the arbitrator may award reasonable fees following fee-shifting standards.

 

YOU AND DRYFT1 AGREE THAT CLAIMS AGAINST EACH OTHER WILL BE MADE SOLELY IN INDIVIDUAL CAPACITIES, NOT AS PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree, the arbitrator cannot consolidate more than one person’s claims or preside over any representative or class proceedings. The arbitrator can award declaratory or injunctive relief only in favor of the individual party seeking it and only to the extent needed to provide relief based on that individual’s claim.

 

If this particular provision is deemed unenforceable, then (a) the entire arbitration provision shall be null and void, but the remaining Terms of Sale shall remain valid; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in the State of Delaware.

 

  1. STATUTE OF LIMITATION

The parties agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to these Terms of Sale and any subject matters herein, whether based in contract, tort, fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

  1. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, carrier’s wrongdoings, negligence or omissions, or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  1. ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under the Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under the Terms of Sale.

  1. SMS TEXT MESSAGES

You acknowledge that DRYFT1 may offer you the option to receive electronic communications on the mobile number you provided, including push notifications, text messages, Direct Messages, automated dialing messages, emails, and similar communications from DRYFT1 or on DRYFT1’s behalf. These may include informational and promotional messages. Message and data rates may apply if imposed by your mobile carrier. Consent to these messages or withdrawal of consent can be managed via the Site. Ensure any number you provide is your own. Receiving telemarketing messages is not a condition of purchasing DRYFT1’s services or accessing the the Site.

  1. PROMOTIONAL OFFERS

Occasionally, special promotions such as discounts or free shipping are offered exclusively on DRYFTBOARD.COM. Unless stated otherwise, these promotions may be limited to one transaction per customer at DRYFT1’s discretion, are non-transferable, and cannot be exchanged for cash. They do not apply to previous purchases and may not combine with other discounts or promotions. DRYFT1 is not liable for lost or stolen promotional codes. Promotions are subject to change without notice, void where prohibited, and exclusions apply. Offers may expire at any time and are subject to availability. If an error is made in the advertised promotion, DRYFT1 reserves the right to cancel or correct it.

  1. MISCELLANEOUS
    1. NO WAIVERS

The failure to require performance of any provision shall not affect DRYFT1’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Sale constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

    1. NO THIRD-PARTY BENEFICIARIES

The Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

 

    1. SEVERABILITY

If any portion of these Terms of Sale is held to be invalid, illegal, void, or unenforceable, the remainder of these Terms of Sale will remain valid.  Further, the term or condition that is held to be invalid, illegal, void, or unenforceable shall be modified/reformed by the arbitrator to remain in effect as far as possible in accordance with the intention of the parties.

    1. ENTIRE AGREEMENT

The Terms of Sale, together with those documents incorporated by reference in these Terms of Sale, including but not limited to in Section 15.g (Incorporated by Reference), constitute the entire and exclusive understanding and agreement between you and us regarding your purchase and use of the Product(s), and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.

    1. PARAGRAPH HEADERS

Use of section or paragraph headers in the Terms of sale is for convenience only and shall not have any impact on the interpretation of particular provisions.

    1. NOTICES

To You. We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current with us.

To Dryft: To give us notice under this Agreement, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to 1819 Riverview Dr. Suite 206, Melbourne FL 32901, USA

    1. INCORPORATION BY REFERENCE

You should also carefully review these Terms of Sale and the below materials before placing an order for Products through the Site. These terms and conditions are integral parts of this Agreement and are incorporated by reference herein:

    1. NOTICE TO CALIFORNIA RESIDENTS 

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.