TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Upon submission of your order you acknowledge and accept all terms and conditions.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Aerial Wakesports. The collective work includes works that are licensed to Aerial Wakesports. Copyright 2007-2022, Aerial Wakesports ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Aerial Wakesports or purchasing Aerial Wakesports products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Aerial Wakesports or to purchase Aerial Wakesports products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Aerial Wakesports. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of Aerial Wakesports used in the site are trademarks or registered trademarks of Aerial Wakesports.
WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Aerial Wakesports disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Aerial Wakesports does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Aerial Wakesports does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
3 DAY ORDER INSPECTION PERIOD
You have 3 days from the date of delivery date of your original order to inspect all the products you have received and notify us of a problem.
- Confirm all ordered items have been received.
- Remove all the products from the boxes and packaging to ensure there are no visible defects.
- Review all mounting hardware and parts to verify none are missing.
Please contact us immediately if anything does not conform to what is detailed above. (843) 948-6915 or email support@aerialwakeboarding.com.
As you are unwrapping and cataloging your order and parts, please carefully place items on a soft blanket or nonabrasive surface to avoid damaging the finish. Be sure to keep all small parts and hardware in one spot so you don't lose them.
Important Inspection Note
Due to the nature of manufacturing and welding aluminum and stainless steel, some minor blemishes, scratches and/or nicks may be visible. This is normal and not a valid reason to return a product nor does it deem the product defective. During our quality control process, an inspector approves or rejects products that do not meet our guidelines of acceptability. However, if you believe that your product shows excessive blemishes, scratches or nicks, you must notify us in this 3 day inspection period and either complete the RMA form, email support@aerialwakeboarding.comor call us at (843) 948-6915.
WARRANTY COVERAGE & LIMITATIONS
Aerial Wakesport's 5 year warranty applies to the original purchaser of the products and starts from the purchase date and covers defects that have occurred during the manufacturing process. Defects must be reported within 30 days from the receipt of purchase.
Following a physical inspection that determines a valid warranty claim, Aerial Wakesports will, at our discretion, either replace, send replacement parts or reimburse for the repair of any eligible products. The anodized or powder coated finish and hardware are excluded from the warranty coverage. Aerial Wakesports is not responsible for personal injury, boat damage or equipment loss directly or indirectly related to our products. This warranty does not cover damage due to acts of God (fire, flood, lighting, etc.) nor product misuse and accidental damage.
All customer shipping charges are non-refundable. The customer is responsible for any shipping charges incurred for order cancellations, refusals, returns or exchanges. Customer will also be billed for any shipping charges incurred by Aerial Wakesports for refused shipments including orders which waived shipping charges or provided “free shipping” to customer at the time of order.
Prior to returning any products to Aerial Wakesports for a return or replacement, you must fill out the submit the completed RMA form. If you are requesting to return multiple products, you must complete a form for each product separately. We will contact you via email within 1-3 business days with further instructions.
For any products we sell but do not manufacture (i.e. speakers, electronics, light components, etc.), that product's manufacturer warranty applies and RMA requests must be made with them. If you are uncertain about who to contact, please contact us and we will do our best to help you.
All Aerial Wakesports and accessories have been carefully designed, manufactured and tested to meet the highest standards of quality and performance to be extremely well suited for a specific purpose. If any product is found to have been modified, altered, incorrectly installed, mistreated, neglected, improperly maintained, used for purposes it was not originally intended for or used beyond its physical limitations of design or material, any and all warranties will be deemed void. The warranty period shall not be extended by the replacement of materials under this warranty but the remaining warranty period shall continue in effect and be applicable to the replaced or repaired products or component parts areas under conditions of the warranty.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY IS ALSO IN LIEU OF ANY OTHER POSSIBLE LIABILITIES OF THE SELLER OR MANUFACTURER, WHETHER ALLEGED TO ARISE BY AGREEMENT OR BY OPERATION OF LAW. RESPECTING THE SALE , APPLICATION, USE OR FUNCTION OF PRODUCTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR ANY OTHER TORT. IN NO EVENT SHALL THE SELLER OR MANUFACTURER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE, REAL OR PERSONAL, ATTRIBUTED TO ITS PRODUCTS, NOR FOR ANY EXCAVATION, REMOVAL, REAPPLICATION, DOWNTIME, CLEANUP, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF MARKET VALUE, LOSS OF RENTAL VALUE OR FOR ANY LOSS OF PROFITS OR OTHER SPECIAL, INCIDENTAL, RESULTING, CONSEQUENTIAL OR EXEMPLARY DAMAGE.
PRODUCT RETURN COVERAGE & LIMITATIONS
Goods can be returned by the ORIGINAL PURCHASER at their expense within three (3) days of the date of DELIVERY with no questions asked for a full refund of the purchase price (less shipping, labor, special order, and non-certified funds charges) provided each product is in original new condition, in their complete original packaging and have not been installed.
If for any reason you're dissatisfied with your purchase, we will replace the product or refund your purchase price within 30 days of purchase date from www.AerialWakeboarding.com. Note that returns must be in original packaging and in new, resalable condition otherwise a 25% restocking fee will be added. Damaged or unsalable products will not be accepted. All packaging, shipping and insurance costs incurred to return products to Aerial Wakesports are the responsibility of the purchaser and will not be credited. Original shipping fees paid for shipping the product to the customer are non-refundable.
All customer shipping charges are non-refundable. The customer is responsible for any shipping charges incurred for order cancellations, refusals, returns or exchanges. Customer will also be billed for any shipping charges incurred by Aerial Wakesports for refused shipments including orders which waived shipping charges or provided “free shipping” to customer at the time of order.
Prior to returning any products to Aerial Wakesports for a return or replacement, please fill out the submit the completed form below. If you are requesting to return multiple products, you must complete a form for each product separately. We will contact you via email within 1-3 business days with further instructions.
LIMITATION OF LIABILITY
Aerial Wakesports shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Aerial Wakesports has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a Aerial Wakesports product is mistakenly listed at an incorrect price, Aerial Wakesports reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Aerial Wakesports reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Aerial Wakesports shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Aerial Wakesports without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
Aerial Wakesports may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Aerial Wakesports.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Aerial Wakesports products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Aerial Wakesports products) must be commenced within one (1) year after the claim or cause of action arises. Aerial Wakesport's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Aerial Wakesports may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Aerial Wakesports or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
Aerial Wakesports does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Aerial Wakesports is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Aerial Wakesports reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Aerial Wakesports in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aerial Wakesports, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Aerial Wakesports may link to sites operated by third parties. However, even if the third party is affiliated with Aerial Wakesports, Aerial Wakesports has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Aerial Wakesports. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Aerial Wakesports seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
ADVERTISED SPECIALS, DISCOUNTS & COUPON CODES
More than one advertised coupon, discount or special offer may not be used at the same time in an order.
Preset tower packages are specially discounted for the items they include. Any modification or removal of a package item from the shopping cart may invalidate an order. You may not apply more than one package discount to a single order. Subtotals of a package at checkout must match the package price posted to avoid automatic cancellation. Please contact us for questions or assistance with your order. Any advertised free accessory offer is only valid with a new purchase of an Aerial wakeboard tower. Limit 1 redemption per customer. Coupon codes cannot be combined or "stacked" with other offers or discounts. All products are subject to availability. If products are not in stock, our staff will promptly notify you by phone or email of current lead times by phone or email. If the product has not shipped, you may cancel at any time.
DISPUTES
Any dispute or claim relating in any way to your use of any Aerial Wakesports site, or to any products or services sold or distributed by Aerial Wakesports or through AerialWakeboarding.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to JKW Holdings LLC, 104 Pinnacle Way Suite B Summerville, SC 29483. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Aerial Wakesports product, service or website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, 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 Aerial Wakesports.
Aerial Wakesports
104 Pinnacle Way Suite B
Summerville, SC 29483
(843) 948-6915