As a visitor to the NESurf.com domain and any related subpages, you agree to the Conditions of Use posted here. If you do not agree to the following Conditions of Use, please exit the site. Continued use will constitute acknowledgement and agreement to these conditions.
NESurf.com is operated by MoreBeach, Inc. a Massachusetts Corporation
Mail: PO Box 493, East Orleans, MA 02643
In this Agreement the terms N.E.Surf, N.E.Surf®, NESurf, NESurf.com and www.NESurf.com all refer to MoreBeach, Inc. and the website operated by MoreBeach, Inc. located at NESurf.com, www.NESurf.com etc.
NESurf.com is provided on an "as is" and "as available" basis. You expressly agree that your use of this site is at your sole risk. You agree N.E.Surf® will not be liable for any damages or loss of any kind arising from the use of this site. The information appearing at NESurf.com is for informational purposes only. Although N.E.Surf® editors and contributors seek to be accurate; errors are inevitable and may appear in numerous places. Maps, descriptions, forecasts, stories, photographs and the like should be considered as entertainment tools and not as tools for navigation, performance or safety. Users should consult multiple sources and rely upon their own judgments and observations in evaluating weather and marine conditions as well as facilities, locations and safety resources. The links on this website are provided for convenience only, and do not constitute an endorsement or warranty by N.E.Surf® of that site or any product, service or other material offered on that site.
N.E.Surf® grants you a limited license to access and make personal use only of the website NESurf.com and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of N.E.Surf®. This license does not include any resale or commercial use of this site, its contents or part thereof, including decimal lat/long coordinates.
Any unauthorized use terminates the permission or license granted by N.E.Surf®. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page at NESurf.com so long as the link does not portray N.E.Surf®, its advertisers or affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter; the link may not imply sponsorship or endorsement from N.E.Surf®.
N.E.Surf® has the right but not the obligation to monitor and edit or remove any activity or content. N.E.Surf® takes no responsibility and assumes no liability for any content posted by you or any third party.
All advertisements are subject in all applicable ways to current rules and regulations. N.E.Surf® is not responsible for the information contained in the ads and listings that appear on its web pages. Ad/listing information, including possible inaccuracies, is supplied by third parties. Liability for an error will not exceed the cost of the space occupied by the error, and in no event shall N.E.Surf®'s liability for your use of advertising services exceed the amount you paid for the use of such services. N.E.Surf® reserves the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates, terms and specifications may change without notice. N.E.Surf® does not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. N.E.Surf® is not liable for errors or omissions.
We are committed to respecting your privacy and the security of your personal information and welcome your questions and feedback. For privacy-related issues please contact us at:
N.E.Surf – Privacy
P.O. Box 493
East Orleans, MA 02653
Like all websites, NESurf.com (owned and operated by MoreBeach, Inc.) collects anonymous information from you when you interface with the site, such as pages visited, time spent, IP address, ads clicked on and other clickstream data.
We also collect more personal information that you may specifically give us when you register to comment, upload pictures, participate in our forum or a contest and when you make purchases at our online store. We maintain the information that you provide us, along with a record of your purchases, in a secure database.
Information We Share with Others
We contract with other companies to provide certain services, including shipping, name and address verification, email distribution, market research, third party advertising, promotions management and payment processing. We provide these companies with only the information they need to perform their services and work to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than N.E.Surf®.
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
As we develop our business, we might buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). If N.E.Surf®.or substantially all of its assets is acquired by a third party, customer information will be one of the transferred assets.
On occasion we may ask for your consent to share your non-financial information with third parties for the purpose of sending you additional offers and opportunities - you will have an opportunity to choose not to share your information.
Communication from N.E.Surf
If you prefer not to receive email updates from N.E.Surf, please contact us at the address shown below. You can also unsubscribe from our email updates using the link provided in each edition of the email.
N.E.Surf – Privacy
P.O. Box 493
East Orleans, MA 02653
Please be sure to provide us with your corresponding email address.
Cookies and Pixel Tags
A cookie is a small data file stored by your web browser on your computer. Cookies enable you to place an order on our Web site. They also allow us to enhance and personalize your online shopping experience, so the information you receive is more relevant to you.
- Remember what items are in your shopping cart
- Recognize you when you return to our website
- Provide faster checkout, if you have created an account at nesurf.com
- Study how our customers navigate through our website and which products they request in site searches
- Deliver personalized marketing from N.E.Surf
We also use pixel tags – tiny graphic images – to tell us what parts of our website you have visited or to measure the effectiveness of any searches you may do on our site. Pixel tags also enable us to send you email in a format you can read and let us know when you have opened an email message from us.
We also contract with third party advertising companies to serve ads on our behalf across the Internet. To do this, they will collect anonymous information about your visits to our website and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements. These targeted advertisements may appear on other sites that you visit. This anonymous information is collected through the use of a cookie or pixel tag. No personally identifiable information is collected in this process. If you object to sharing such information and receiving such ads you should adjust your browser accordingly.
How We Use Email
When you provide us your email address, we will email you as necessary to process your order, respond to a request or provide customer service. For example, after you place an order at nesurf.com, you will receive an email confirmation and, in most cases, an email with package tracking information.
We may also send promotional emails about products, special offers, services or events we believe may be of interest to you. It is our intent to send promotional emails only to those who wish to receive them. We provide instructions on how to unsubscribe in each email and above.
N.E.Surf® plans to offer location-related information such as surf forecasts and alerts to mobile devices. This service will give you the option of disclosing your GPS data for more relevant and timely updates. We will not store any information about yourr geographic location in combination with personally identifiable information. If you would prefer that we not know your geographic location, you may disable the function when you first use the service.
Links to Other Sites, Login via Google+ and Facebook
We provide links on our website to other sites and login via Google+ and Facebook. These sites operate independently of N.E.Surf® and have their own privacy and security policies. We encourage you to review the policies of every site you visit and online service you use.
Updating or Reviewing Your Information
To update your customer information (name, address, telephone number and email address), please contact us at the address above. A limited amount of purchase information may also be available to you. To protect your privacy, we will need to validate your identity before you update or review your information.
It is our intent to protect against the loss, misuse or alteration of information that we have collected from you or received from a partner. We use a variety of current technologies and processes for protection of our customer data. We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities. It is our practice to use encryption whenever we receive or transmit sensitive data. When you make a purchase or create an account on our Web site, your transactional information is transmitted in a safe, encrypted format.
Privacy of Children
We do not sell merchandise for purchase by children at NESurf.com. If you are under 18, you may use the online store only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
Questions or Comments?
For questions, comments or assistance, we invite you to contact us at:
N.E.Surf – Privacy
P.O. Box 493
East Orleans, MA 02653
Email: [email protected]
All images, website design elements, forecasts, stories, blog posts, photographs, videos, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright 2001-2013, N.E.Surf®. ALL RIGHTS RESERVED.
Except as otherwise noted, the information and/or software within and available through this website (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of N.E.Surf® or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without prior written permission from N.E.Surf®. Except as expressly provided herein, N.E.Surf® grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, trade secret information, or fair use. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us.
N.E.Surf® grants you the permission to view using an Internet browser. This means that you may download one (1) copy of the Materials on a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) utilize the decimal lat/long coordinates for commercial redistribution either electronically or in print; (c) remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.
N.E.Surf® is a registered trademark of MoreBeach, Inc. US #4193703. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.
N.E.Surf® offers a Forum network known as the N.E.Surf® Forums. Participants in the Forums must agree to the following additional rules. The Forums Agreement is hereby incorporated fully into this Agreement.
BY ENTERING THE FORUMS, LOGGING IN, READING MESSAGES, AND/OR POSTING A MESSAGE, YOU ARE AGREEING TO AND ARE BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IMPORTANT NOTICE: NESurf.com’s Forums are not for use by children under 13 years of age. NESurf® will cancel any user's account if the user is found to be under 13.
NESurf.com does not actively monitor and/or moderate the contents of posted messages. The messages express the views of the author, not the views of NESurf.com or any entity associated with the forums or NESurf.com as a whole. NESurf.com does not vouch for or warrant the accuracy, completeness or usefulness of any message, and is not responsible for the contents of any message.
General Forums Usage Rules
You agree, through your use of this service, that you will not use these forums to post any material which is knowingly false and/or defamatory, inaccurate, abusive, harassing, obscene, threatening, invasive of a person's privacy, or otherwise in violation of any applicable local, state, national or international laws.
You agree, through your use of this service, that you are solely responsible for the content of your messages, and you agree to indemnify and hold harmless NESurf.com, its forums, its advertisers and sponsors, other users, and their agents with respect to any claim arising from your use of this message broad.
You agree, not to post any copyrighted material on the forums unless:
- 1.You are the copyright holder. If so, it is suggested that you include details as to what uses are permitted for the picture, for example: use restricted to the forums post, limited use on NESurf.com (for example, in the “Surf Footage” section). Absent any such information NESurf.com will assume it has free use of the material posted.
- 2.You have the expressed permission from the copyright holder.
- 3.NESurf.com is the sole copyright holder of the material.
Identity/Screen Name Rules
You agree not to impersonate any person or entity, including but not limited to, other users, NESurf.com officials, or otherwise misrepresent your affiliation with a person or entity.
General Posting Rules
By using the forums you agree to abide by the following rules:
- 1.Use language respectful of race, religion, nationality, gender, sexual preference, age, region, disability, etc.
- 2.Refrain from posting and promoting commercial ventures from outside New England, the North East and commercial ventures unrelated to
NESurf.com’s Rights Over Posts
NESurf.com does not and cannot review the all messages posted and is not responsible for the content of any of these messages, however, it reserves the right to delete (in its entirety or in part), move to another forum, or otherwise edit any message posted on any of the forums for any or no reason whatsoever.
NESurf.com’s Rights Over User Accounts
NESurf.com reserves the right to suspend, close, change, or delete any account that violates the rules contained in this agreement and/or for any or no reason whatsoever.
N.E.Surf® offers a surf reports and forecasts. Users of these sections agree to these additional rules. The Surf Reports and Forecasts Agreement is hereby incorporated fully into this Agreement.
Surfing is a dangerous sport in any and all conditions. NESURF.COM, MAKES NO WARRANTIES HERE UNDER, AND THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NESurf® makes no express or implied warranties or affirmations as to the safety or surfability of surf spots, waves, wind or general weather depicted in the reports, forecasts, graphics, surf spots or any other information implied, represented or depicted through its site (whether generated by NESurf® or linked to from NESurf®). In addition, NESurf® makes no express or implied warranties or affirmations that waves, winds or weather will occur or have occurred as depicted. Furthermore, NESurf® has no responsibility or liability whatsoever to the user or any other person or entity for any injuries or harm resulting from the use of the information contained in the site. NESurf® also has no responsibility or liability whatsoever to the user or any other person or entity, for any inconsistency, inaccuracy, or omission on the site.
If we the change the policies detailed here, we will post a link to those changes at the bottom of our Home Page: http://NESurf.com so our users have the opportunity to be aware that changes have taken place.
By visiting N.E.Surf.com, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and N.E.Surf® or its affiliates. Any dispute relating in any way to using a N.E.Surf® website or to products or services purchased through N.E.Surf® shall be submitted first to mediation in Barnstable Massachusetts and if not resolved then to binding arbitration in Barnstable, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate intellectual property rights owned or used under license by N.E.Surf®, N.E.Surf® may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.