Terms & Conditions

1. Who we are and what these Terms cover

World Wind Sports (“WWS,” “we,” “us”) is operated by World Wind Sports. These Terms & Conditions (the “Terms”) govern your use of worldwindsports.org, its subdomains and any page, form, account, email or service that links to these Terms (together, the “Services”), including:

• the website and its content, maps, chapter pages, rider directory and rider board;
• rider accounts and sign-in;
• free WWS membership and chapter participation;
• chapter events, meet-ups, clinics, lessons, cleanups, stewardship days and other activities (“Activities”);
• the WWS shop;
• campaign gifts and perks, whether given on our site, on Indiegogo, on GoFundMe or directly.

Some Services have additional terms, which form part of these Terms when you use that Service: the Privacy Policy, the Waiver, Release & Assumption of Risk, the Disclaimer, the Campaign & Gift Terms and the Shop Terms (together, the “Legal Terms”). If an additional term conflicts with these Terms on its own subject, the additional term controls.

2. Accepting these Terms

BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, JOINING AS A MEMBER, PLACING AN ORDER, GIVING A GIFT OR TAKING PART IN ANY ACTIVITY, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

You must be at least 18, or the age of majority where you live, to accept these Terms yourself. A minor may use the Services only with a parent or legal guardian who accepts these Terms on the minor’s behalf and supervises that use. Minors may join Activities only under the minor provisions of the Waiver.

These Terms include a binding individual arbitration agreement, a class-action waiver and a jury-trial waiver. Please read them.

3. Your account

Some features need a rider account. You agree to give accurate information, keep your sign-in links, codes and devices secure, and tell us promptly at the address in Contact if you think your account has been used without permission. You are responsible for everything done through your account.

We may show your chosen display name, chapter, disciplines, profile photo and similar profile details on the Services in line with your settings and our Privacy Policy. We may refuse, suspend or close any account at our discretion, including for breach of these Terms.

4. Membership and chapters

Membership. WWS membership is free unless a page expressly states a price. Membership is a community affiliation only. It does not give you any ownership, equity, voting, governance, profit or property right in WWS, any chapter or any spot, and it does not entitle you to any service, discount, insurance, access or benefit except one expressly stated on our site at the time you join. We may change, suspend or end membership benefits or the membership program at any time.

Chapters. A chapter is a local group of riders using the WWS name under our guidelines. Chapter organisers, volunteers, instructors, schools, clubs, partners and sponsors are independent. They are not our employees, agents, joint venturers or partners, and they cannot bind us or make promises for us. Unless we have expressly agreed in a writing signed by an authorised officer, WWS does not organise, operate, supervise, inspect, staff or control any session, lesson, event or spot, and listing a chapter, rider, school or spot is not an endorsement or a representation that it is safe, legal, licensed, insured or suitable for you.

Access to spots. Beaches, parks and launches are owned or managed by others. Their rules, permits, closures and conditions apply and can change without notice. Information on our site about access, conditions or status may be out of date.

Certification and programs. Programs such as 1ISO describe pathways and standards. Unless a written certificate is issued to you under that program’s rules, nothing on our site certifies your ability, and no program is a guarantee of safety or competence — yours or anyone else’s.

5. Activities and assumption of risk

Kiteboarding, wingfoiling, windsurfing, foiling and related water, wind and beach activities are inherently dangerous and can cause serious injury, drowning, paralysis or death. Taking part in any Activity is voluntary and at your own risk. Before you take part you must accept the Waiver, Release & Assumption of Risk, which is part of these Terms whether or not you sign a separate copy at the event. You are solely responsible for judging conditions, your own ability and fitness, your equipment, and whether to go on the water at all.

6. Your content and submissions

You are responsible for anything you post, upload or send to us, including board posts, chapter proposals, photos, reviews and messages (“Your Content”). You keep ownership of Your Content. You grant WWS a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, reproduce, adapt, publish, display and distribute Your Content in connection with operating and promoting the Services. You can end this licence for future use by deleting Your Content, except where it has been shared with others or we must keep it by law.

You promise Your Content is yours to share, is accurate, and does not infringe anyone’s rights or break any law. Ideas, suggestions and feedback you send us are non-confidential, and we may use them without obligation or payment to you.

7. Acceptable use

You agree not to:

• break any law, spot rule, permit or the rights of others;
• post anything false, misleading, defamatory, harassing, hateful, obscene, or that endangers safety;
• impersonate anyone or claim to act for WWS or a chapter without written authority;
• send spam, scrape, harvest data, probe, overload or interfere with the Services or their security;
• use the WWS name, marks or emblem to imply sponsorship, affiliation or endorsement we have not given in writing.

We may remove content, restrict features or end access at any time for any breach.

8. Our intellectual property

The Services and their content — including text, design, maps, data compilations, software, photographs, video, the World Wind Sports name, the WWS emblem and other marks — belong to WWS or our licensors and are protected by law. We give you a limited, revocable, non-transferable licence to view the Services for personal, non-commercial use. You may not copy, republish, sell, modify or create derivative works from them without our prior written consent. Photographs credited to third parties remain theirs.

9. Shop, gifts and payments

Shop orders are governed by the Shop Terms. Gifts, donations, pledges and perks are governed by the Campaign & Gift Terms. Prices, availability, perks and descriptions can change without notice until your order or gift is accepted. We may refuse or cancel any order or gift, including for suspected fraud, pricing errors or limits on quantity, in which case we will refund any amount we received for it. Payments are processed by third parties (such as Stripe) under their own terms.

10. Third-party sites and services

The Services link to and rely on third parties: maps, weather and wind data, Indiegogo, GoFundMe, payment processors, print-on-demand partners, booking and checkout platforms, social networks and others. We do not control them and are not responsible for their content, availability, accuracy, policies or acts. A link is not an endorsement. Your dealings with them are solely between you and them.

11. Disclaimer of warranties

THE SERVICES, THE SITE, THE SHOP, CAMPAIGNS, GIFTS, PERKS, MEMBERSHIP, CHAPTERS, PROGRAMS, EVENTS AND ALL ACTIVITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WWS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WWS MAKES NO GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY INFORMATION (INCLUDING WIND, WEATHER, TIDE, ACCESS, SAFETY, SPOT OR INSTRUCTOR INFORMATION) IS ACCURATE, COMPLETE OR CURRENT; THAT ANY CHAPTER, SPOT, EVENT OR PROGRAM WILL OPEN, CONTINUE OR TAKE PLACE; OR THAT ANY OUTCOME WILL BE ACHIEVED.

WWS HAS NO CLAIM, DUTY OR OBLIGATION TO PROVIDE ANYTHING OTHER THAN THE PERKS, PRODUCTS AND PROMISES EXPRESSLY STATED ON OUR SITE FOR THE THING YOU ACCEPTED, EXACTLY AS DESCRIBED THERE.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these exclusions may not apply to you; in that case they apply to the maximum extent allowed. See also the stand-alone Disclaimer.

12. No reliance

You acknowledge that, in using the Services, joining, giving, ordering or taking part in any Activity, you have not relied on any statement, promise, representation, forecast or assurance — written, oral, in a video, on social media, in an email or made by any chapter organiser, volunteer, instructor, partner or other person — except those expressly set out in the Legal Terms and on the specific page of our site describing what you accepted.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WWS OR ANY RELEASED PARTY (DEFINED IN SECTION “INDEMNIFICATION”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE OR OPPORTUNITY, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES, THE LEGAL TERMS OR ANY ACTIVITY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF ADVISED OF THEIR POSSIBILITY.

THE TOTAL, AGGREGATE LIABILITY OF WWS AND ALL RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THE LEGAL TERMS OR ANY ACTIVITY WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO WWS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR, IF YOU PAID NOTHING, ONE HUNDRED U.S. DOLLARS (US$100).

These limits are an essential basis of the bargain between you and WWS, apply even if a remedy fails of its essential purpose, and do not limit liability that cannot be limited by law (for example, where applicable law prohibits limiting liability for gross negligence, intentional misconduct, fraud, or death or personal injury caused by negligence).

14. Indemnification

“Released Parties” means World Wind Sports, World Wind Sports, and each of their members, managers, officers, directors, employees, chapter organisers and volunteers, instructors acting as volunteers for WWS, sponsors, partners, contractors, agents, successors and assigns.

You agree to indemnify, defend and hold harmless the Released Parties from and against all claims, demands, actions, losses, damages, liabilities, judgments, settlements, penalties, costs and expenses (including reasonable attorneys’ and experts’ fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your participation in any Activity, including injury to you or to any third party or property caused in whole or in part by you or your equipment; (c) Your Content; (d) your breach of the Legal Terms; or (e) your violation of any law, spot rule or right of any third party. We may assume the exclusive defence and control of any matter subject to indemnification, and you will cooperate with us. You may not settle any such matter without our prior written consent.

15. Dispute resolution: informal notice, arbitration, class and jury waivers

1. Informal resolution first. Before starting any arbitration or court case, the party with the dispute must send a written notice describing the claim and the relief sought (to WWS at hello@worldwindsports.org and by email to hello@worldwindsports.org (a postal address for legal notices is provided on written request); to you at the email associated with your account or gift) and both parties must try in good faith to resolve it for 30 days after the notice is received. Any limitation period is tolled during this 30-day period.

2. Binding individual arbitration. Except as stated in point 4, any dispute, claim or controversy arising out of or relating to the Services, the Legal Terms, any Activity, any gift or order, or the relationship between you and WWS (including the validity, scope or enforceability of this arbitration agreement) will be resolved by final and binding arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules (or another neutral provider we agree in writing). The Federal Arbitration Act governs this section. The seat of arbitration will be in the venue stated in point 6, or the arbitration may be conducted by video or on the documents if the arbitrator permits. Fees will be allocated as the provider’s rules require.

3. CLASS-ACTION AND JURY-TRIAL WAIVER. YOU AND WWS EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR AWARD RELIEF TO ANYONE BUT THE INDIVIDUAL PARTY. YOU AND WWS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

4. Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there; and (b) seek injunctive or equitable relief in court to protect intellectual property or to stop unauthorised use or abuse of the Services.

5. Your right to opt out. You may opt out of this arbitration agreement by emailing hello@worldwindsports.org (subject “Arbitration opt-out”) or writing to by email to hello@worldwindsports.org (a postal address for legal notices is provided on written request) within 30 days of first accepting these Terms, stating your name and email. Opting out does not affect any other part of the Legal Terms. If this section is found unenforceable as to any claim, that claim (and only that claim) proceeds in court under point 6, and the class and jury waivers continue to apply to the fullest extent the law allows.

6. Governing law and venue. The Legal Terms and any dispute are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to the arbitration agreement, the state and federal courts located in the State of Florida have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

7. Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

16. Changes to the Services and these Terms

We may change, suspend or discontinue any part of the Services at any time. We may update these Terms by posting a new version with a new effective date. Changes apply from posting, except that material changes to the dispute-resolution section do not apply to disputes already notified, and changes do not reduce perks or products already accepted. Your continued use after a change means you accept it.

17. Termination

You may stop using the Services at any time and may ask us to close your account. We may suspend or terminate your access, membership or account at any time, with or without notice, for any reason, including breach of the Legal Terms. Termination does not entitle you to a refund except as expressly stated in the Shop Terms or Campaign & Gift Terms.

18. Entire agreement; written promises only

The Legal Terms, together with the specific description on our site of any perk, product or program you accepted, are the entire agreement between you and WWS about their subject and replace all prior or contemporaneous understandings, communications, proposals and promises, whether oral or written.

NO OTHER PROMISE, REPRESENTATION, AGREEMENT, SPONSORSHIP, PARTNERSHIP OR CONTRACT BINDS WWS UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORISED OFFICER OF World Wind Sports. NO CHAPTER ORGANISER, VOLUNTEER, INSTRUCTOR, PARTNER, SPONSOR, CONTRACTOR OR OTHER PERSON HAS AUTHORITY TO MAKE ANY PROMISE OR AGREEMENT ON BEHALF OF WWS.

The Legal Terms may not be modified orally. A waiver is effective only if in a writing signed by an authorised officer of WWS.

19. General terms

• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and modified only as needed, and the rest remains in full force.
• No waiver. Our failure or delay in enforcing any right is not a waiver of it.
• Assignment. You may not assign or transfer the Legal Terms or any right under them without our written consent. We may assign them freely, including in a merger, reorganisation or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including weather, wind, storms, hurricanes, floods, fire, natural disasters, epidemics, government action, permit or access changes, beach or park closures, supplier, carrier, platform or payment-processor failures, labour disputes, internet or utility outages, war, terrorism or civil unrest.
• Notices. We may give you notice by email, by posting on the Services or by account message. You must send legal notices to the address in Contact.
• Independent parties. Nothing in the Legal Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between you and WWS.
• Electronic communications and signatures. You consent to receive agreements, notices and disclosures electronically and agree that clicking, ticking a box or typing your name to accept is your legally binding signature under the U.S. ESIGN Act and the Uniform Electronic Transactions Act as adopted in your state.
• Survival. Sections that by their nature should survive termination survive, including Your Content licence, disclaimers, no reliance, limitation of liability, indemnification, dispute resolution, entire agreement and these general terms.
• Headings and interpretation. Headings and plain-language summaries are for convenience only and do not affect interpretation. “Including” means “including without limitation.”
• Language. The English version controls over any translation.

20. Contact

World Wind Sports, doing business as World Wind Sports
by email to hello@worldwindsports.org (a postal address for legal notices is provided on written request)
Email: hello@worldwindsports.org