Effective Date: February 20, 2019
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Company on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, if any, and that you may not proceed in a class, consolidated, or representative capacity.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.
4. DISPUTE RESOLUTION
to the Company at:
Attention: Legal Department
5600 Argosy Circle, Building #100 Huntington Beach, CA 92649
to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you
5. CHOICE OF LAW
6. RESTRICTIONS ON USE OF MATERIALS
Trademarks. Boardriders, Quiksilver, Billabong, Roxy, DC Shoes, RVCA, Element, VonZipper, Xcel and other trademarks, service marks, trade names, and trade dress indicated on our Sites are trademarks or registered trademarks of Company and its affiliates, licensors and licensees in the United States and other countries. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark owned or controlled by Company or any third party.
Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of Company or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns. For usage permission, please contact us via e-mail at email@example.com.
7. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Sites that is requested to be removed; (3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of copyright infringement on the Sites is the Company’s General Counsel, who can be reached as follows:
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
(714) 889-5650 - Monday thru Friday 7am to 6pm (PST)
You do not have to register to view the Sites. You can visit the Sites, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Sites, including but not limited to the ability to purchase products through the Sites and to become a member of the Boardriders Club (as defined in Section 10 below). To register, you must create a user account, which requires you to provide your e-mail address, mailing address, gender, birth date, and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be responsible for any losses caused by any unauthorized use of your account. Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other various Sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an e-mail request to firstname.lastname@example.org.
9. RETURNS, REFUNDS, SHIPPING, AND ORDER CANCELLATIONS
Please review our Online and Phone Purchases Policy (http://www.rvca.com/customer-help/returns.html), our Shipping Methods and Timelines (http://www.rvca.com/customer-help/shipping.html), and our Cancellations Policy(http://www.rvca.com/customer-help/faq.html), which also govern your visit to the Sites, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.
10. BOARDRIDERS CLUB TERMS AND CONDITIONS
The Company is planning to launch a loyalty program approximately July 2017. The following loyalty program terms shall apply upon such launch.
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN OUR BOARDRIDERS CLUB, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN OUR BOARDRIDERS CLUB.
When you create a user account, you will be enrolled in the Company’s loyalty program (hereafter the “Boardriders Club”) and subscribed to receive Boardriders Club e-mails. By creating an account and participating in the Boardriders Club, you agree (or, if you are under 18, you have obtained your parent or legal guardian’s consent) to participate in the Boardriders Club and receive commercial communications from Company.
The Boardriders Club is valid online at the websites www.quiksilver.com, www.roxy.com, www.dcshoes.com, and www.brdclub.com in the United States and Canada (hereafter, “Participating Websites”) and at participating “Boardriders, Quiksilver, Roxy and/or DC Shoes” company owned retail stores in the United States and Canada found at www.brdclub.com (hereafter, “Participating Stores”).
A. Acceptance of terms and conditions of membership
Individuals aged under 18 years must obtain prior authorization from their parent, guardian or legal representative to join the Boardriders Club and by participating in the Boardriders Club, we assume you have such permission. Employees, officers, directors, agents and representatives of Company are ineligible for membership in the Boardriders Club.
You must read and agree to these terms and conditions of membership in the Boardriders Club (“Club Terms”), as set out below.
Company may, in its sole discretion, alter, limit, or modify the Boardriders Club rules, regulations, rewards, eligibility for membership, or any other feature of the Boardriders Club or may suspend or terminate the Boardriders Club at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in 7B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in the Boardriders Club if Company determines in its sole discretion that you have violated these Club Terms, you have more than one (1) account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.
B. Principle of the Boardriders Club
As a Boardriders Club member, you can earn Boardriders Club points (“Points”) by (i) purchasing Company brand (i.e., Boardriders, Quiksilver, Roxy and DC Shoes) merchandise (excludes the purchase of e-gift cards, gift cards, third-party goods, taxes and/or shipping) on Participating Websites and at Participating Stores; and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double points Tuesdays, responding to a survey, etc.). Points earned in this way give you the ability to join different membership levels offering access to select rewards (“Rewards”) as determined by Company in its sole discretion.
C. Membership in the Boardriders Club
To join the Boardriders Club, simply ask about it at one of our Participating Stores or join online at the Sites. You must create an online user account in order to participate in the Boardriders Club. Upon joining the Boardriders Club, you will receive a welcome e-mail with a digital membership card. You will periodically receive e-mails from us. You may opt–out of the marketing e-mails at any time, but if you are a US resident, transactional e-mails may still be sent to you as they relate to your membership in the Boardriders Club. Examples of these are: the welcome e-mail, account statement e-mails, earned vouchers e-mails or other communications that help us to maintain your user account. If you opt out of marketing e-mails, you will not be notified of all Rewards that you would have otherwise been notified about had you agreed to receive marketing e-mails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and discount voucher, by logging into your account.
We are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join the Boardriders Club, particularly in the case of two people with the same name.
Only one membership in the Boardriders Club is permitted per person and e-mail address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the e-mail address submitted at the time of enrollment. For purposes of these Club Terms, the "authorized account holder" is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Membership in the Boardriders Club, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
D. Membership levels
There are 3 levels of membership, Bronze, Silver and Gold.
You may earn Points over a 12-month period from the date on which you (i) join the Boardriders Club; or (ii) reach a higher membership level. Depending on the number of Points earned over such 12-month period, you will be eligible for one of the three levels of Boardriders Club membership, each with its associated Rewards.
Bronze: When you create a user account at the Website, you shall be eligible for Bronze membership.
Silver: When you reach a minimum of 500 Points but less than 1,000 Points over a 12-month period, as applicable, you shall be eligible for Silver membership.
Gold: When you reach a minimum of 1,000 Points over a 12-month period, as applicable, you shall be eligible for Gold membership.
Your membership level is valid for a 12-month period from the date on which you become eligible for that level. To remain eligible for the same membership level after the 12 months have elapsed, you must have earned the minimum amount of Points for that membership level, as set forth above.
If, when the 12-month period of eligibility to Silver or Gold membership elapses, you have fewer than the minimum Points necessary for that level, you will no longer be eligible for that membership level. You will then be moved down to a lower level, as set out below:
If, when the 12-month period of eligibility for Silver membership elapses, you have fewer than 500 Points, you will no longer be eligible other than for Bronze membership.
If, when the 12-month period of eligibility for Gold membership elapses, you have fewer than 1,000 Points, you will no longer be eligible other than for Silver or Bronze membership, as applicable.
When you are eligible for a higher membership level (Silver or Gold), you shall keep the Rewards of the lower level(s), in addition to access to the Rewards associated with the higher level. You shall not be entitled to the Rewards associated with a membership level higher than your own. For example, as a Silver member, you will get Bronze Rewards in addition to those associated with Silver membership, but you will not be entitled to any Rewards associated with Gold membership.
Your membership Rewards include the following:
Free points: Upon your first purchase after joining the Boardriders Club, your user account will be credited with 100 extra Points and you will receive an e-mail with a discount voucher for use on your next purchase of Company brand (i.e., Boardriders, Quiksilver, Roxy and DC Shoes) merchandise on a Participating Website or at a Participating Store (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping).
Discount offer: The amount of your discount voucher will be determined by the total amount of your purchase. Discount vouchers shall be awarded in $15 (U.S. or Canadian dollars, as applicable, based on country of purchase) increments as follows:
Upon signing up and after your first purchase, you will receive a voucher for $15 off your next purchase of $50 or more.
Thereafter, if you accumulate less than 600 points, you shall receive a voucher for $15 off your next purchase of $30 or more.
If you accumulate 600 points or more but less than 900 points during a single transaction, you shall receive a voucher for $30 off your next purchase of $60 or more.
If you accumulate 900 points or more but less than 1200 points during a single transaction, you shall receive a voucher for $45 off your next purchase of $90 or more.
If you accumulate 1200 points or more during a single transaction, you shall receive a voucher for $60 off your next purchase of $120 or more.
Each voucher shall be valid for two (2) months from date of issuance or such other time as set forth on the voucher.
Discount vouchers may only be used for the purchase of Company brand (i.e., Boardriders, Quiksilver, Roxy and DC Shoes) merchandise on Participating Websites or at Participating Stores. You may only redeem one voucher per transaction and each voucher may only be used once. Discount vouchers have no market or cash value and are non-transferable.
Free standard shipping and returns by mail: You shall receive free standard shipping on all purchases made on Participating Websites and returns within all 50 U.S. states, APO/FPO addresses, and the following U.S. territories: Guam, Puerto Rico, US Virgin Islands, and American Samoa only. You shall also receive free standard shipping on all purchases made on Participating Websites within Canada; we do not extend free shipping for returns within Canada.
Some Rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only).
Depending on your membership level and e-mail preferences, you may receive additional Rewards as determined by Company. See specific reward pages (https://am.brdclub.com/benefits/ and https://am.brdclub.com/en-ca/benefits/) for details. Company reserves the right to substitute Rewards at its sole discretion. Unless otherwise noted by Company, Rewards cannot be combined with any other offers.
You cannot use Rewards retroactively for prior purchases. Company is not responsible for lost or stolen Rewards.
If you opt out of certain types of e-mails, you may not be able to receive Rewards by e-mail.
Points have no monetary or real-world value. Unless a special offer is applicable (e.g., double points Tuesdays), you shall earn one Point for every U.S. or Canadian dollar [$1.00] you spend (as applicable, based on country of purchase) (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) on a Participating Website or in a Participating Store. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar. When making a purchase on a Participating Website, you must log-in to your user account in order to earn Points. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional Points." Promotional Points, such as “bonus" Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
No Points will be earned for purchases made on a Participating Website using the guest checkout option. Any purchases you make prior to joining the Boardriders Club will not be eligible for Points.
Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.
G. Updating Your Account
Participation in the Boardriders Club requires an e-mail address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your e-mail address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your e-mail and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or a Reward due to out-of-date, incomplete or inaccurate information.
You may close your user account by sending an e-mail request to email@example.com.
H. Fraudulent Use of the Boardriders Club
Any fraud, attempted fraud or theft on a Participating Website or at a Participating Store, any wrongful or inappropriate use of the Boardriders Club, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Loyalty Terms shall lead to the automatic suspension or permanent deactivation of your membership in the Boardriders Club. Company reserves the right to suspend or deactivate your account, the Boardriders Club and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Loyalty Terms or through misuse or fraudulent use shall be cancelled without any form of compensation.
I. Amendment, failure or interruption of the Boardriders Club
Company reserves the right to amend these Club Terms at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend the Boardriders Club.
Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of the Boardriders Club. No amendment, withdrawal or failure of the Boardriders Club shall give you an entitlement to compensation. If the Boardriders Club is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN THE BOARDRIDERS CLUB, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN THE BOARDRIDERS CLUB, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF THE BOARDRIDERS CLUB.
BY PARTICIPATING IN THE BOARDRIDERS CLUB, YOU ACKNOWLEDGE THAT THE BOARDRIDERS CLUB, THE REWARDS, AND THE PARTICIPATING WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE PARTICIPATING WEBSITES OR THE BOARDRIDERS CLUB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE PARTICIPATING WEBSITES, OR WITH RESPECT TO THE BOARDRIDERS CLUB OR REWARDS WILL BE CORRECTED.
PARTICIPATION IN THE BOARDRIDERS CLUB IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE PARTICIPATING WEBSITES OR IN CONNECTION WITH THE BOARDRIDERS CLUB. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS
We welcome your comments and feedback about the Sites and our products. In addition, in some places the Sites enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") on the Sites or sent to us, whether through the Sites, e-mail, facsimile, U.S. mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted the Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.
Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.
12. LICENSE AND SITE ACCESS
Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company's brand names or trademarks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of Company. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by "deep linking," or otherwise, without prior written permission from Company. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.
13. THIRD-PARTY AND CO-BRANDED SITES
The Sites may contain hyperlinks ("links") to websites operated by persons or entities other than Company ("third-party Websites") or to co-branded websites operated by a third party, including Company's affiliates and licensees ("co-branded Websites"). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Company explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.
COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
14. YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Sites or any co-branded Website must be accurate, complete, and current.
By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Sites; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
15. TERMINATION OR RESTRICTION
Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.
16. RISK OF LOSS
All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Company. Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when Company delivers these items to the carrier.
17. PRODUCT INFORMATION
Company attempts to be accurate in describing its products and services on the Sites. We do not warrant that product and service descriptions or other content of this or any other Sites are complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see depend on your computer monitor and other factors beyond Company's control, we cannot guarantee that your computer's display of any color on the Sites will be accurate. Most Company products displayed on the Sites are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Sites may not be available in retail stores. Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. Dollars.
18. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE SITES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTE THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
19. MISCELLANEOUS LEGAL PROVISIONS
Company may discontinue the Sites at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the Sites and its contents and supersedes any prior or contemporaneous communications between you and Company regarding the Sites and their contents.
All rights not expressly granted herein are hereby reserved to Company.
20. CONTACT US
If you have any questions or concerns regarding the Sites or this Agreement, please contact us by e-mail at firstname.lastname@example.org or write to us at the following address:
Attention: Legal Department
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
P (714) 889-5650– Monday thru Friday 7am to 6pm (PST)