PRODUCT LIABILITY DISCLAIMER and TERMS AND CONDITIONS, WARRANTY & LIABILITY WAIVER
Applicable state law notwithstanding, purchasers and users of LAND-SURF, LLC products agree and accept to be bound by the following terms, conditions and notices. By the act of purchasing LAND-SURF, LLC products, you agree to accept these terms and conditions of sale without exception, regardless of where purchased.
Please carefully review the following terms and conditions as they apply to all sales and uses of products sold by LAND-SURF,LLC. The following terms and conditions include limited warranties and disclaimers of liabilities. By purchasing, keeping, using or allowing use of LAND-SURF, LLC's products indicates your assent and agreement to all of these terms.
Note that buyers must be eighteen (18) years or older to purchase the Ranger™ battery mount kit. Under no circumstances will Land-Surf, LLC sell the Ranger™ battery mount kit to minors. Purchases of the Ranger™ battery mount kit made by minors constitutes fraud on part of the purchaser and such sale shall be considered null and void.
Terms of Sale
If you do not agree to these terms, please do not complete your purchase, and cancel your order for a complete refund.
Limited Repair/Replacement Warranty
Our products are warranted against any manufactured defect for a period of up to 6 months (see below) from date of purchase. Land-Surf, LLC shall reserve its right to determine whether to repair or replace our warranted products. Claims made under this warranty must be made in writing and presented to Land-Surf, LLC within 90 days (for electric powered products) and 6 months/180-days (for non-electric powered products) from date of purchase.
High Risk Activity
Products sold by Land-Surf, LLC, include equipment used in extreme sporting activity known as "Onewheeling", "e-skateboarding", "longboarding", etc.
Participation in these activities is associated with a high level of personal risk. Risks include, but are not limited to, serious physical injury, electric shock or electrocution, disability and/or death. You participate in this activity at your own risk and assume all liability.
Assumption of Risk
By purchasing, using, or allowing the use of LAND-SURF, LLC's products, including wheels, tires, and other accessories under the XCELL™ brand name, you understand and agree that extreme sporting activities including Onewheel riding, e-skateboarding, PEVs and the like are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF LAND-SURF, LLC., including but not limited to, equipment malfunction from whatever cause, or any other fault of LAND-SURF, LLC.
Purchaser agrees to indemnify, defend and hold harmless Land-Surf, LLC and its owners, officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, penalties, injuries, setoffs, liens, attachments, judgments, debts, costs, expenses (including without limitation attorneys' fees and expenses) or other liabilities of every character whatsoever (collectively, "Liabilities") for property damage, bodily injury, sickness, and/or disease, including death, or for economic or environmental injury or damages sustained by any person or entity arising out of: (1) the negligent acts, omissions, negligence or willful misconduct of Purchaser in the performance of its obligations pursuant to these terms and conditions; (2) any misrepresentation made by Purchaser related to his/her purchase subject to these terms and conditions; (3) any breach of these terms and conditions by Purchaser; or (4) the failure of Purchaser to comply with, and any liabilities arising under, any applicable law. For the sake of clarity, the parties agree that consequential damages suffered by a third party which are an element of loss subject to indemnification hereunder shall be considered direct damages hereunder.
ONEWHEEL or E-Skate Vehicle or PEV Modification
Modification of Onewheels, e-skateboards, and various other PEV's through the use or misuse of LAND-SURF, LLC products can lead to vehicle malfunction, causing serious risk. Risks include, but are not limited to, vehicle damage, property damage, bystander injury, electric shock, electrocution, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else’s Onewheel or e-skateboard using LAND-SURF, LLC. products.
LAND-SURF, LLC is not responsible, and will not be held liable for any modifications made to Onewheel boards, through the use or misuse of its product, even if the modifications include, but are not limited to, bypassing or eliminating vehicle safety features, installing parts against the vehicle manufacturer safety regulation, advice, and standards, and/or improper installation and adjustment of LAND-SURF, LLC. products.
Limitation Of Warranty
As set forth above under the limited warranty provisions, LAND-SURF, LLC’s warranty is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall LAND-SURF, LLC. liability exceed the value of the product(s) sold.
In purchasing Land-Surf, LLC products, purchaser agrees to not decompile, reverse engineer, disassemble, isolate, separate, or otherwise attempt to derive source code or physical form of assembly, including proprietary methods of construction and/or operation, which may be further protected by patents, copyright, or other legal means. Purchaser agrees to not reverse engineer, copy, or duplicate any Land-Surf LLC products, whether for personal use or public sale. Many Land-Surf products are protected by U.S. Patents and Copyright.
Subject to limitations, if you are not 100% satisfied with your purchase, you may return it within 30 days of your receipt date. Please verify that your package meets the conditions stated within our Return Policy Guidelines below. Once confirmed, follow the Return Instructions, listed below.
XCELL brand products are subject to a 20% restocking fee. All other Land-Surf products do not have any associated restock fee.
Ensure that your return meets our Return Policy Guidelines. Package return and include a copy of your packing slip or the associated item(s) order number. Mail through your carrier of choice to the address below.
500 Tamal Plaza, Suite 518A
Corte Madera, CA 94925
RETURN POLICY GUIDELINES
ALL RETURNED ITEMS MUST BE UNUSED AND IN NEW CONDITION WITH ORIGINAL PACKAGING. Products and merchandise must be in store-bought (new) condition in order to be returned or exchanged. Our products have been inspected before shipping, and our packages are carefully checked before shipping.
Land-Surf, LLC must receive returns within 30 days of the customer receipt date. Refunds will not be authorized after 30 days. All orders shipped with free freight discount and returned for refund will be charged the original shipping fees. All refused packages will be refunded in full, less shipping charges. Land-Surf, LLC is not responsible to lost or late shipments.
Customers are responsible for return shipping charges. We DO NOT accept C.O.D.'s on return items. Purchasers will be responsible for the entire cost of the return (including shipping, repacking, and insurance). We ship using USPS, Fed Ex, and UPS. Costs include shipping expense, packaging, handling, and insurance.
To qualify for a refund, all returned products must be returned in their original, unaltered packaging, including all labels and tags.
(a) Any controversy or claim arising out of these terms and conditions or any alleged breach thereof, shall be resolved by means of binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such. The arbitration shall be held in Marin County, CA or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. An award of damages shall include pre-award interest at the rate of ten (10) percent from the time of the act or acts giving rise to the award.
(b) A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs.
(c) The arbitrator shall issue a reasoned award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
(d) The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator. At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party, each of a maximum of four hours duration, unless the arbitrator otherwise determines. The arbitrator may allow such other discovery as he or she determines is reasonably necessary for a fair determination of the dispute. Any dispute or objections regarding discovery or the relevance of evidence shall be determined by the arbitrator. All discovery shall be completed within 120 days following the appointment of the arbitrator, unless the arbitrator otherwise determines.
Use and misuse of products sold by LAND-SURF, LLC. involves serious risks including injury, disability and death. Purchasers assume all risks, as described in this document.
Inspect Before Each Use
Our products must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to LAND-SURF, LLC. for a replacement.
Warranty of Onewheel Voided Using The Ranger™
You agree and accept knowingly that the Ranger™ battery extender system will void the manufacturer’s warranty (Future Motion) for the battery box, BMS, and/or the entire Onewheel device. Because you are installing a kit, we cannot verify the correct installation of the components we supply, and therefore no warranty is expressly stated or implied for the installed Ranger™ kit.
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of LAND-SURF, LLC, with respect to the products sold. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Your order from LAND-SURF, LLC., and this disclaimer statement are governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction of California, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
LAND-SURF, LLC., reserves the right to change the terms, conditions, and notices under which it’s products are offered.