Terms of Use

Welcome to www.surforsound.com, Surf or Sound Realty’s Hatteras Island Premier Vacation Rental Home website. These terms govern the use of the Surf or Sound Realty family of websites, including www.surforsound.com, http://hatterasblog.surforsound.com, and www.surforsoundsales.com websites. When you visit any of the Surf or Sound Realty family of websites or use any existing or future feature on our websites, whether or not it is a direct service of Surf or Sound Realty, you agree to be bound to the terms and conditions detailed on this page.   If you are under the age of 18, you may use the Surf or Sound Realty family of websites only with supervision of a parent or guardian. Surf or Sound Realty reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Ownership and Copyright

The Surf or Sound Realty family of websites are owned by Professional Enterprises of Hatteras Island, Inc., dba Surf or Sound Realty, 40974 NC Hwy 12, PO Box 100, Avon, NC 27915. 1-800-237-1138.

All content included on the Surf or Sound Realty family of websites including but not limited to text, photos, graphics, logos, icons, images, videos, audio clips, digital downloads and data compilations is the property of Surf or Sound Realty or its content suppliers and is protected by United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes. No content on this site or any other portion of this site may be copied, reproduced, redistributed, published, sold, resold, visited, or otherwise used for any commercial purpose without express written consent of Surf or Sound Realty. All software used on this site is the property of Surf or Sound Realty or its software suppliers and protected by United States and international copyright laws. All rights are reserved.

Trademarks

The mark “Surf or Sound Realty” and other marks indicated on our site are owned or licensed by Surf or Sound Realty.  The graphics, logos, page headers, icons, and scripts are also trademarks and/or trade dress of Surf or Sound Realty.  Surf or Sound Realty’s trademarks, trade dress and other content may not be used in connection with any product or service that is not authorized by Surf or Sound Realty or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Surf or Sound Realty.  You may create a hyperlink to the Surf or Sound Realty family of websites so long as the link does not portray Surf or Sound Realty or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Surf or Sound Realty logo or other proprietary graphic or trademark as part of the link without express written permission.  All  trademarks not owned or licensed by Surf or Sound Realty that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Surf or Sound Realty.

Consumer Disclosure

You are not required to complete this lease process or manage your reservation electronically. If you would prefer, you are welcomed to call our office at 800-237-1138 for assistance in completing or amending your reservation, make payment(s) or to request the lease be sent to you for your manual signature. By continuing with the electronic process, you are accepting the Terms of Use of this website and acknowledging the following consumer disclosure information:

  1. You have the right to have any record pertaining to your reservation provided in paper or non-electronic form.
  2. You have the right to revoke consent to deal with us electronically at any time without any consequences.
  3. The scope of your consent can apply to this particular transaction or to any future transaction(s) that may arise during our relationship.
  4. If you wish to withdraw your consent to manage your reservation electronically, please contact our office at 800-237-1138 to update your information.
  5. You may obtain a paper copy of your electronically executed lease by printing it through your web browser from your online account at www.surforsound.com or by requesting a copy be mailed to you by calling our office at 800-237-1138.

 

License & Site Access

Surf or Sound Realty grants visitors a limited license to access and make personal (not commercial) use of this site and not to download (other than page caching), frame, use framing techniques, or modify it, or any portion of it, except with express written consent of Surf or Sound Realty.  Any unauthorized use terminates the permission or license granted by Surf or Sound Realty.

Privacy Statement

Surf or Sound Realty considers your privacy a serious matter. We safeguard all data submitted via the Surf or Sound Realty family of websites and do not distribute any information to third parties. Please review the Surf or Sound Realty Privacy Policy page on this website for full details of our Privacy Policy. 

Email

When you contact Surf or Sound Realty via the Surf or Sound Realty family of websites, you are consenting to receive emails from Surf or Sound Realty. We will communicate with you by email. Surf or Sound Realty does not send unsolicited or “spam” email. If you join the Surf or Sound Realty E-Club, you may unsubscribe at any time.

Protection of Your Account

If you use any password protected area of the Surf or Sound Realty family of websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

User Content, Reviews, Comments and Communications

Visitors may post property reviews and comments and send communications to friends via the Surf or Sound Realty family of websites so long as the content is not illegal, obscene, pornographic, profane, discriminatory, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. Surf or Sound Realty reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content.

By posting content or submitting material to the Surf or Sound Realty family of websites, you are consenting to the use of your comments and/or content by Surf or Sound Realty in future advertising and, unless we indicate otherwise, you grant Surf or Sound Realty a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without compensation. You grant Surf or Sound Realty and sublicensees the right to use the name that you submit in connection with such content, if we or they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Surf or Sound Realty for all claims resulting from content you supply. Surf or Sound Realty has the right but not the obligation to monitor and edit or remove any activity or content. Surf or Sound Realty takes no responsibility and assumes no liability for any content posted by you or any third party.

Property and Service Descriptions

Every effort has been made to ensure the accuracy of information displayed on the Surf or Sound Realty family of websites. However, we do not warrant that the property descriptions and other content on our websites is accurate, complete, reliable, current, or error-free.

Linked Websites

The Surf or Sound Realty family of websites may contain links to other websites.  These links are provided for your convenience and information only and, as such, you access them at your own risk.  The content of most or all of the linked websites is not under Surf or Sound Realty's control.  Surf or Sound Realty does not represent or warrant the accuracy, utility, functionality or legality of such websites.   Surf or Sound Realty is not responsible for, and does not endorse, their content, whether or not Surf or Sound Realty is affiliated with the owners of such linked websites.

Your access to and use of these linked websites, even though you access them through links provided on the Surf or Sound Realty family of websites, is governed by the terms of use and policies of those sites, not of this website.  You assume all responsibility for your decision to use these links to access these linked websites, for all use of the linked websites, and for all compliance with their terms of use.

Disclaimer of Warranties & Limitation of Liability

THIS SITE AND ALL CONTENT ON THIS SITE IS PROVIDED BY SURF OR SOUND REALTY TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. SURF OR SOUND REALTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SURF OR SOUND REALTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SURF OR SOUND REALTY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM SURF OR SOUND REALTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURF OR SOUND REALTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Release

Your use of this Site is at your sole risk.  You, on behalf of yourself and your heirs, personal representatives, successors, and assigns, release and forever discharge Surf or Sound Realty, its parent and subsidiary companies, its affiliates, and the respective owners, shareholders, members, partners, officers, directors, employees, and agents of each of the foregoing (collectively “Surf or Sound Realty Group”), from any and all claims, liabilities, actions, suits, losses, judgments, expenses, fines, penalties, and fees, including without limitation attorneys’ fees (collectively “Losses”) that you may suffer or incur as a result of your use of the Site or any portion thereof or your entering into any transaction related to the Site, except to the extent such Losses are the direct result of the gross negligence or intentional misconduct of the Surf or Sound Realty Group. 

Applicable Law

By visiting the Surf or Sound Realty family of websites, you agree that the laws of the State of North Carolina, County of Dare, without regard to principles of conflict of laws, and as applicable, the federal laws of the United States, will govern these Terms of Use and any dispute of any sort that might arise between you and Surf or Sound Realty.  All information on the Site applies only to access and use of the Site within the United States.  In using the Site, you agree to comply with all international, federal, state, and local laws, rules, regulations, ordinances, treaties, and other governmental requirements (collectively, “Laws”), including without limitation the Export Administration Act and the Arms Export Control Act.

Site Policies, Modification & Severability

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and without notice. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.  The failure of Surf or Sound Realty to exercise or enforce any of the terms and conditions or remedy in relation thereto shall not constitute a waiver of Surf or Sound Realty’s ability to enforce such term and condition at a later time.

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