Terms of service

OVERVIEW

Welcome to The Room Surf and Skate Shop! The terms "we", "us" and "our" refer to The Room Surf and Skate Shop. The Room Surf and Skate Shop operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The Room Surf and Skate Shop is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://theroompr.com/policies/privacy-policy), Refund Policy (https://theroompr.com/policies/refund-policy), and Shipping Policy (https://theroompr.com/policies/shipping-policy). If you do not agree to these Terms of Service or any of our policies, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction if different), and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. For details on how we collect, use, and protect your information, please see our Privacy Policy (https://theroompr.com/policies/privacy-policy). You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. Providing false, inaccurate, or incomplete information may result in order cancellation or account termination.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. If you create an account with us, you are responsible for keeping your password confidential and secure. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. Product dimensions, weights, materials, and specifications are approximate and may vary slightly from those listed.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

We are an authorized retailer of branded products but are not the manufacturer. Product warranties, if any, are provided by the manufacturer and not by The Room Surf and Skate Shop. For warranty claims, please contact the manufacturer directly.

Product descriptions and specifications are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Product availability is subject to change without notice. We do not guarantee that products displayed as available will be in stock when your order is processed.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. The Room Surf and Skate Shop reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Room Surf and Skate Shop confirms acceptance. You will receive an order confirmation email once your order is accepted. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as The Room Surf and Skate Shop may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

We reserve the right to cancel or modify orders if products become unavailable after your order is placed. In such cases, we will notify you and issue a full refund.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://theroompr.com/policies/refund-policy).

All sales are final once an order has been shipped and tracking information has been provided. Opening a chargeback or payment dispute with your financial institution for items that are in transit or have been delivered constitutes fraud and will be contested. If you have concerns about your order, you must contact us at customerservice@theroompr.com before initiating any payment dispute. Fraudulent chargebacks may result in being permanently banned from future purchases and reported to fraud prevention services.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. In the event of a pricing error on our website, we reserve the right to cancel any orders placed at the incorrect price and notify you of the error. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. All prices are listed in United States Dollars (USD) unless otherwise stated.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

We accept payment via major credit cards, debit cards, and other payment methods displayed at checkout. All payments are processed securely through our payment processor.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, payment method details and expiration dates, so that we can complete your transactions and contact you as needed. Your payment method may be authorized at the time of order placement, but charges will only be processed once your order is confirmed and prepared for shipment.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Unauthorized chargebacks or payment disputes are addressed in Section 3 - Orders.

SECTION 5 - SHIPPING AND DELIVERY

For detailed shipping information, delivery timeframes, and available shipping methods, please review our Shipping Policy (https://theroompr.com/policies/shipping-policy).

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. You will receive tracking information via email once your order has shipped. It is your responsibility to monitor the tracking and ensure someone is available to receive the package.

You are responsible for providing accurate and complete shipping address information. We are not responsible for orders shipped to incorrect, incomplete, or undeliverable addresses provided by you. If a package is returned due to an incorrect address, you will be responsible for additional shipping fees to reship the order.

If your package is lost or damaged during shipping, you must file a claim with the shipping carrier using the tracking information provided. We will assist with providing necessary documentation, but claims must be filed directly with the carrier. For packages that show as delivered but were not received, you must contact the carrier within 48 hours of the delivery date.

If a package is returned to us as undeliverable, refused, or unclaimed, you will be responsible for return shipping costs and any restocking fees. Refunds for returned packages will be issued minus all shipping costs and applicable fees.

For shipments outside of Puerto Rico, customers are responsible for any customs duties, import taxes, or fees imposed by the destination country. Delivery times for international shipments may be extended due to customs processing.

Customers who select economy shipping methods (such as USPS Ground Advantage) acknowledge and accept extended transit times of up to 4 weeks or more as detailed in our Shipping Policy, and agree not to dispute charges before the stated delivery window has elapsed or while the package is in transit.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Room Surf and Skate Shop, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. This includes, but is not limited to, automated scraping, data mining, or use of bots to extract content from our Services. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of The Room Surf and Skate Shop, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by The Room Surf and Skate Shop.

The Room Surf and Skate Shop's names, logos, product and service names, designs, and slogans are trademarks of The Room Surf and Skate Shop or its affiliates or licensors. You must not use such trademarks without the prior written permission of The Room Surf and Skate Shop. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. Product images and descriptions for branded merchandise are used with permission from manufacturers or under license agreements. Brand names and logos are the property of their respective trademark owners.

By submitting reviews, photos, comments, or other content to our Services, you grant The Room Surf and Skate Shop a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display such content for marketing, promotional, and operational purposes. You represent that you own or have the necessary rights to any content you submit.

If you believe any content on our Services infringes your intellectual property rights, please contact us at customerservice@theroompr.com with details of the alleged infringement, including a description of the copyrighted work, the location of the infringing material, and your contact information. We will investigate and respond to valid claims in accordance with applicable law.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to optional tools, apps, or services offered by third parties (such as payment processors, shipping calculators, product review apps, or social media integrations) as part of the Services, which we do not monitor, control, or endorse.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Third-party tools may collect, use, or share your information according to their own privacy policies. We are not responsible for the privacy practices of third-party tool providers. You should review the privacy policies of any third-party tools before using them.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service. We reserve the right to add, modify, or remove third-party tools at any time without notice.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). This includes links to social media platforms, payment processors, shipping carriers, brand websites, and other external websites. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. The inclusion of any link does not imply our endorsement, approval, or recommendation of the linked website or its content. We are not responsible for the security, privacy practices, or content of third-party websites. Third-party sites may contain viruses, malware, or other harmful components.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Our Services may include links to our social media pages or allow you to share content on social media platforms. Your use of social media platforms is governed by their respective terms of service and privacy policies, not by these Terms.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Room Surf and Skate Shop is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Room Surf and Skate Shop. Shopify processes certain customer data on our behalf to enable the Services, as described in our Privacy Policy (https://theroompr.com/policies/privacy-policy) and Shopify's Privacy Policy (https://www.shopify.com/legal/privacy).

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Room Surf and Skate Shop, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Room Surf and Skate Shop.

If you use Shopify Payments to process transactions, your payment processing is governed by Shopify's Payment Terms of Service. We use Shopify as our payment processor, but we remain responsible for all sales, refunds, and customer service related to your purchases.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy (https://theroompr.com/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy (https://www.shopify.com/legal/privacy). By using the Services, you acknowledge that you have read and understood these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. In the event of a data breach affecting your personal information, we will notify you in accordance with applicable law and as described in our Privacy Policy.

We and our third-party service providers use cookies, web beacons, and similar tracking technologies to collect information about your use of the Services. For more information about our use of cookies and your choices, please see our Privacy Policy (https://theroompr.com/policies/privacy-policy).

If you are located in the European Union, United Kingdom, California, or other jurisdictions with specific data protection laws, you may have additional rights regarding your personal information as described in our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. This includes both product reviews and general suggestions or ideas about our business, products, or Services. This includes using your Feedback in marketing materials, advertisements, testimonials, and on our website and social media. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. You waive any right to royalties, fees, or other compensation related to our use of your Feedback, even if we use it for commercial purposes or profit from it.

If we offer incentives (such as discounts or rewards) in exchange for reviews or Feedback, you must disclose this relationship in your submission in compliance with FTC guidelines.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel an order due to inaccurate information, we will issue a full refund to your original payment method. Pricing errors do not constitute binding offers, and we are not obligated to honor incorrect prices even if an order confirmation was sent.

We undertake no obligation to update, amend or clarify information in the Services, except as required by law.

We are not liable for any losses or damages resulting from your reliance on inaccurate information on the Services. You acknowledge that information may not always be current or accurate.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) to share your account credentials with others or allow unauthorized access to your account; (j) to use automated systems, bots, or scripts to access the Services, place orders, or gain unfair advantage over other customers; (k) to engage in fraudulent activities, including but not limited to submitting false chargebacks, payment disputes, or refund requests; or (l) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm The Room Surf and Skate Shop, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape, including for competitive analysis, price monitoring, or data aggregation; (e) post fake, misleading, or incentivized reviews without proper disclosure; or (f) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. 

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. Violations may also result in legal action, reporting to law enforcement, and being banned from future purchases.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Any orders placed prior to termination will be processed according to these Terms unless we determine otherwise in our sole discretion. Termination does not entitle you to any refunds for products already shipped or services already rendered.

You may terminate your account at any time by contacting us at customerservice@theroompr.com. Termination of your account does not relieve you of any obligations for orders already placed or amounts owed.

Upon termination, your right to use the Services will immediately cease. We may retain certain information as required by law or for legitimate business purposes as described in our Privacy Policy (https://theroompr.com/policies/privacy-policy).

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, Prohibited Uses, Errors Inaccuracies and Omissions, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. We do not warrant the accuracy or reliability of user-generated content, reviews, or third-party information displayed on the Services. For additional disclaimers regarding product accuracy and appearance, see Section 2 - Our Products.

Products sold through the Services may be covered by manufacturer warranties. We make no warranties regarding the quality, functionality, or performance of products beyond those expressly provided by the manufacturer. Any warranty claims should be directed to the manufacturer.

EXCEPT AS EXPRESSLY STATED BY THE ROOM SURF AND SKATE SHOP, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL THE ROOM SURF AND SKATE SHOP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY DELAYS, LOSS, OR DAMAGE CAUSED BY SHIPPING CARRIERS OR THIRD-PARTY SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, LABOR DISPUTES, GOVERNMENT ACTIONS, INTERNET OR TELECOMMUNICATIONS FAILURES, OR SHIPPING CARRIER DELAYS.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY (AND THAT OF OUR AFFILIATES, PARTNERS, AND SERVICE PROVIDERS) IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

For defective products, your sole remedy is to seek warranty claims directly from the manufacturer as described in Section 2 - Our Products and Section 15 - Disclaimer of Warranties.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Room Surf and Skate Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees and costs, arising from or related to (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, (4) fraudulent chargebacks, payment disputes, or refund requests you initiate, (5) your violation of any third-party rights, including intellectual property rights, or (6) any content, reviews, photos, or feedback you submit to the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without our prior written consent. You will cooperate in the defense of indemnified claims, including by providing relevant documents. You will promptly reimburse us for any costs, expenses, or attorneys' fees we incur in defending indemnified claims.

This indemnification obligation will survive termination of these Terms and your use of the Services.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. However, your rights and obligations under these Terms may transfer to your estate or legal representative in the event of your death or incapacity.

We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you. This includes transfers in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. In the event of a sale or transfer of our business, your account and information may be transferred to the acquiring party.

These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and the applicable federal laws of the United States, without regard to conflict of law principles. You and The Room Surf and Skate Shop consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Puerto Rico for any disputes arising out of or relating to these Terms or the Services. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

TO THE EXTENT PERMITTED BY LAW, YOU AND THE ROOM SURF AND SKATE SHOP WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

SECTION 22 - HEADINGS
The section headings used in these Terms of Service are included for convenience and reference only and will not limit, define, or otherwise affect the interpretation or construction of these Terms.


SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at https://theroompr.com/policies/terms-of-service. The revision date of these Terms is displayed at the bottom of this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, including by email to the address associated with your account or by posting a notice on our website, and such changes will be effective on the date specified in the notice. If no effective date is specified, changes will be effective immediately upon posting.

Material changes include, but are not limited to, changes to pricing, payment terms, refund policies, limitation of liability, dispute resolution procedures, or your rights and obligations under these Terms. Non-material changes, such as formatting updates, clarifications, or corrections of typographical errors, may be made without notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account as described in Section 14 - Termination.

Previous versions of these Terms are not maintained or made available, so you should save a copy for your records if desired.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

The Room Surf and Skate Shop
A division of La Gran Via Inc.

Customer Service Email: customerservice@theroompr.com
Customer Service Phone: (787) 203-9321
Business Hours: Monday - Friday, 9:00 AM - 5:00 PM AST

Main Office:
De Diego Avenue #167
Arecibo, PR 00612

Warehouse & Operations:
Plaza del Norte Mall
Hatillo, Puerto Rico

For customer service inquiries, order issues, returns, or general questions, please contact us using the information above.

Revision: March 18th, 2026