Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (SMS and MMS) messages (e.g., cart reminders) from Fun Day Surf, including messages sent via an automatic telephone dialing system, to the mobile number you provided or any number you designate. Consent to receive automated messages is not a condition of purchase. Message and data rates may apply.
Message frequency will vary. Fun Day Surf reserves the right to change the number of messages sent, the sending phone number, or short code at any time with notice. Not all mobile devices or areas are supported. Fun Day Surf, its service providers, and mobile carriers are not liable for delayed or undelivered messages.
By participating, you also agree to our Terms of Service and Privacy Policy.
Cancellation
Text STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting a cancel command, you will receive one confirmation message. Our system may not recognize unsubscribe requests that don’t include these keywords, and Fun Day Surf will not be liable for unrecognized requests. If you unsubscribe from one Fun Day Surf program, you may still receive texts from other programs you’ve opted into until you cancel each separately.
Help
Text HELP to our shortcode for customer support contact information.
Customer Care
If you experience issues, please contact support@fundaysurf.com.
Contact
This message program is a service of Fun Day Surf. Contact support@fundaysurf.com with any additional questions.
Dispute Resolution
General: You and Fun Day Surf agree that any dispute related to these Messaging Terms or your receipt of text messages from Fun Day Surf or its service providers will be resolved by binding arbitration under the Federal Arbitration Act. Arbitration uses a neutral arbitrator instead of a judge or jury and is less formal than a court proceeding. YOU UNDERSTAND AND AGREE THAT YOU AND FUN DAY SURF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions: Nothing in this section limits your right to (i) bring an individual action in small claims court, (ii) pursue enforcement through a regulatory agency, (iii) seek injunctive relief in aid of arbitration, or (iv) file suit to address an intellectual property claim.
Arbitrator: Arbitration will follow the Commercial Dispute Resolution Procedures of the American Arbitration Association (“AAA”). The arbitrator has exclusive authority to decide any dispute over interpretation or enforceability of this agreement.
Notice and Process: To initiate arbitration, send written notice to Fun Day Surf, 3600 Birch Street, Suite 200, Newport Beach, CA 92660, Attn: Chief Executive Officer. Include a description of the dispute and requested relief. Both parties will make good faith efforts to resolve the issue before arbitration begins.
Fees: If you start arbitration, Fun Day Surf will reimburse your filing fee unless the claim exceeds $15,000 or is deemed frivolous. Claims under $15,000 may be conducted by documents, phone, or in-person hearing. The arbitrator must issue a written decision explaining the ruling.
No Class Actions: YOU AND FUN DAY SURF AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree, the arbitrator may not consolidate claims or preside over a class action.
Modifications: Fun Day Surf may modify this arbitration provision. You may reject any change (except address updates) by sending written notice within 30 days to the address above, in which case the previous version will govern.
Enforceability: If any part of this arbitration clause is found unenforceable, the remainder will continue in effect.