TERMS AND CONDITIONS

Welcome to the Primate Logboards (“we” or “us”), website at primatelongboards.com.

Please review the following terms and conditions concerning your use of and access to the Website.  By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions (these “Terms” or this “Agreement”).  If you do not agree with these Terms, you may not use the Website.

GENERAL PROVISIONS

Products, Content, Specifications and Accuracy of Information: We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or currentness of any information on this Website.  All features, content, specifications, products, colors and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Also, understand that all of our products are completely are hand made which means that no single longboard will EVER be identical. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time.  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 and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer.  We also may require verification of information prior to the acceptance and/or shipment of any order.

GENERAL USE PROVISIONS

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by Primate Longboards or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Primate Longboards and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise.  Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Primate Longboards and/or a Third Party Provider.  Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Primate Longboards’ prior express written permission.

Except where expressly provided otherwise by Primate Longboards, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of Primate Longboards intellectual property rights, whether by estoppel, implication, or otherwise.  You acknowledge sole responsibility for obtaining any such licenses.  See the “Legal Contact Information” section below if you have any questions about obtaining such licenses.  Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Primate Longboards.  Primate Longboards does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Primate LongboardsI.

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.  It is your obligation to comply with all applicable state, federal and international laws.  You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Termination: You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

LINKS TO THIRD PARTY SITES

The Website may contain links or have references to websites controlled by parties other than Primate Longboards.  Primate Longboards is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Primate Longboards is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Primate Longboards of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Primate Longboards.  It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

SUBMISSIONS

Except where expressly provided otherwise by Primate Longboards, all comments, feedback, information and data submitted to Primate Longboards through, in association with or in regard to the Website and/or any other Primate Longboards goods or services (“Submissions”) shall be considered non-confidential and Primate Longboards’ property.  This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method Primate Longboards sees fit and make compilations and derivative works thereof in all media now known or hereafter devised.  Except as expressly enumerated in the preceding sentence, by providing such Submissions to Primate Longboards, you agree to assign to Primate Longboards, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant Primate Longboards these rights.  Primate Longboards shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not Primate Longboards, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b)  bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity

Primate Longboards reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Primate Longboards site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any Primate Longboards site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

CHILDREN

Primate Longboards does not accept Submissions from persons under the age of 14 (“Child” or “Children”).  Furthermore, Primate Longboards does not accept any user who is a Child.  You are ineligible to use this Website if you are under the age of 14.  If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms.  If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms.  Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Primate Longboards all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law.  You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18).  If you do so, Primate Longboards reserves the right to cancel or suspend your account.  Furthermore, Primate Longboards reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using Primate Longboards for improper purposes, or any purpose inconsistent with its business.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Primate Longboards EXCEED $1,000.00. IN NO EVENT SHALL Primate Longboards OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH including but not limited to the downloading of any materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

LICENSES FROM Primate Longboards

You are being granted solely a revocable, limited license, in compliance with these terms.

LICENSES FROM YOU

You grant to Primate Longboards and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to Primate Longboards by you in the course of accessing and/or using the Website.  Notwithstanding the foregoing, Primate Longboards’ obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy available at [enter]. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

BILLING AND PAYMENT

To the extent you purchase any goods and/or services from Primate Longboards, you agree to pay for all goods and services ordered from Primate Longboards and/or its Third Party Providers except as set forth in a writing signed by an authorized representative of Primate Longboards.  You will provide Primate Longboards with valid and updated credit card or approved purchase order information and with Primate Longboards and accurate billing and contact information. If you provide credit card or other authorized payment method information to Primate Longboards, you authorize Primate Longboards, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. If Primate Longboards, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Primate Longboards will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced here under shall be due within thirty (30) days of the date of the invoice.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into this Agreement.  Primate Longboards warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as Primate Longboards, in its sole and absolute discretion, deems fit.  To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement their behalf.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Primate Longboards, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN.  EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, Primate Longboards AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Primate Longboards AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE website and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Primate Longboards AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER Primate Longboards NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. Primate Longboards IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Primate Longboards, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS.  Primate Longboards EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE.  YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

INDEMNITIES

You shall defend and indemnify Primate Longboards and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against Primate Longboards or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. Primate Longboards shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with this Agreement; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Primate Longboards controls and operates the Website and services associated therewith.  Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact our Customer Service Department.

Returns & Warranty

Returns:

Our return policy lasts 30 days from date of purchase for all longboards that are NOT CUSTOM LONBOARDS. If 30 days has gone by we can’t offer a refund or exchange.

All sales on custom longboards from date of purchase ARE FINAL. There will be no returns or refunds available after purchase has been made.

Returns are only made if the item eligible. To be eligible, the item needs to be unused and in the same condition that it was received or have a manufacturer defect. If item is unused contact us at (primatelongboards.customer@gmail.com) with a clear picture of the top and bottom of the board to prove it is unused and a copy of your receipt. Title the email “REFUND” with your name and contact information. If the item purchased has a defect, please read our warranty section below.

Warranty:

Here at Primate we are confident that our products will rank above all of our competition. However, if the product you received does not tickle your fancy then keep reading. All of our longboards are covered under a 1 year warranty policy from the date of purchase. We do not give cash refunds, however; we will simply supply you with another board that is not defected. The warranty ONLY applies if the longboard has manufacturer defects. The warranty DOES NOT apply to the normal wear and tear longboards receive from use. Manufacturer defects will be decided by Primate.

Normal Wear and Tear:

•           Nose and Tail Wear (Curbs, Walls, Ollies, etc.)

•           Rail damage, scratches, and minor chips from impact. Longboards will get beat up. If you want your board to look new forever, then do not ride it.

•           Car, Trains, Meteors, Boats, Angry Neighbors, Meteorites, etc.(Broken due to ‘Wrong place, Wrong time’ scenario)

•           Snapped or cracked boards due to impact. Jumping of things, even flat ground, can and will break a board if you do not land right. Land on the bolts and bend those knees everyone.

If your board did not apply to any of the situations listed above and you believe it is still warranty worthy, then we will be more than happy to help you out.

Please email us at (primatelongboards.customer@gmail.com) with the following information:

•           Clear pictures of top and bottom of the longboard, and detailed shots of damaged area.

•           Where and when you bought the longboard.

•           Include your contact information: Name, Address, Phone #, and Email Address.

•           When you first noticed the damage.

•           Title the email “WARRANTY” and include your name.

•           Have a copy of your receipt on hand.

Please Allow 3-5 business days for us to process your warranty or refund claim. We are here to help to the best of our ability and want to get you back on a board as fast as possible. Warranty and refund claims are evaluated by our experienced inspectors on a case-by-case basis. If we determine you board was defective, we will replace your deck with a similar, available board at our discretion. If we determine your board was not defective, our customer service staff will be happy to recommend a board that will better fit your needs.