Updated October 6, 2015
Categories of Information We Collect
Here are some examples of types of personal information (or "PI") we now or later may collect from you:
✔ Contact PI such as name, postal or email address, or phone number. For example, we'll ask for: an address if you order a newsletter or catalog or join TheZumiezStash; a phone number to notify contest winners or to help authenticate you; your cell number if you sign up for SMS alerts; and your gender to help us anticipate your shopping needs or to make suggestions.
✔ Registration & Account PI such as PI you provide to open or include in an account with us. For example, this could include things like dashboard data, address book, wish list and account activity. Such PI tends to at least include things like your name, email, postal address, telephone, fax, order history, and birthday.
✔ Transactional PI for all purchases & returns. This includes things like credit or debit or gift card data, postal & email addresses, phone & fax numbers, IP or device addresses or identifiers, and other related information such as receipts, confirmations, shipping, billing, adjustments, loyalty programs and so on. This PI can be about you or others (such as a gift recipient's data).
✔ Activity or Qualification PI includes supplying PI to meet an age or experience limit, or indicating your likes or dislikes by clicking a "thumbs up/down" type of icon. Please note that if one of your activities is posting PI in publicly available areas (with us or with others), then that information becomes public and wouldn't be viewed as PI. If one of your activities is posting PI in publicly available areas with us or others, which data becomes public then we will not treat it as PI. In short, think before you post (because anyone may be able to see or copy it).
✔ PI you give us that we didn't request, such as PI that you voluntarily put into a message to us or that happens to be in a picture or video that you provide to us.
✔ Community PI, such as providing information that will be accessible to other users or the public, such as posting a product review or creating a tag.
✔ Sensitive Data: This may consist of what you consider sensitive PI, such as financial related information, certain geo-location data or other stored information such as contacts, photos, and videos.
✔ Event PI such as a name badge or other attendance data. Event information varies with the event, but could include things like your hometown or emergency contact information.
✔ Promotional PI & Surveys. This is PI such as information relating to a survey or poll, contest, sweepstake, or other activity or promotion sponsored or presented by us alone or with others. This PI varies, but tends to include things like name, gender, email, zip code, birthday and mailing address (e.g., if a prize or catalog will be shipped).
Below are examples of types of PI we tend to collect from other sources or, indirectly, from you.
✔ PI from our previous records such as PI you gave us for one activity that we use for another (e.g., re-using data to pre-populate fields to decrease ordering hassle).
✔ PI we obtain from public or other sources, such as from phone books, websites, mobile applications, and other information that others may have about you.
✔ Indirect Transactional PI. When directly collecting "Transactional PI" we also indirectly collect information that is used for things such as fraud prevention or for authentication (e.g., time, date, store location, items purchased).
✔ Indirect Event PI. If you participate in an event, PI such as your image may be captured on cameras of ours or others (e.g., surveillance cameras at or near the facility or cameras of sponsors or media).
✔ PI we may lawfully obtain from commercial providers of information such as a consumer reporting agency, data broker, ad network, marketing participant and so on.
✔ Possible PI. Regulatory definitions of PI change and can be unclear, so it's possible we could disclose PI that we don't realize is PI or that becomes PI because of acts of others.
The following are types of data about you that generally are automatically collected based on your activities or the technologies you use.
✔ Analytics Data. We collect and send data to Third Party Services to create statistics and reports to help us analyze our business. The third party may store the data.
✔ Apps. We have, or plan to have, mobile applications ("Apps") that will be able to receive PI from you, your device or from other apps or third parties.
✔ Social Media PI. If you use social media functionality, the social media network usually shares at least some PI.
✔ Metadata. Digital items often have embedded data that you might or might not know about. For example, a digital picture might have a record of where and when you took it. Unless you remove such data, it would be an example of PI we may collect and use.
When you visit one of our websites, such as zumiez.com, thestash.zumiez.com, or zumiezbestfootforward.com (these and any others we own or operate are referred to as a "Site") or interact with us at one of our stores or at an event (this and our Sites and our Apps are collectively referred as "Channels"), we may use different kind of technologies for multiple reasons, including to improve your shopping experience, for example by reducing the amount of information required at checkout or by otherwise personalizing your experience with us. Here are some examples:
Browsers: a "browser" is essentially an application (such as Chrome, Firefox or Safari) used to access and view websites by processing HTML, the code used to help you see text, links and other items.
Identifiers, including unique identifiers such as an IP address (basically, this is a number that is automatically assigned to a device such as a computer by your Internet Service Provider); a Media Access Control (or "MAC") address which basically is a hardware ID number that is part of a network card such as a Wi-Fi or Ethernet card and that identifies each device on a network, or other identifiers (e.g., Android ID, Apple IDFA, or other identifiers that might otherwise relate to you or devices you use, or identifiers that are used by ads, advertisers, networks, platforms or other third parties).
The above is not necessarily a complete list and we will change and add Technologies and Channels from time to time. Technologies are complex and can differ per Channel. Also, certain kinds of Technologies are likely to be used in multiple Channels.
What kind of PI do the technologies tend to collect?
We may use third party technologies to collect information and when we do we work closely with these third parties to protect your PI. Third parties may offer some options that may be helpful to restrict some kinds of tracking. If you would like more information about this practice and to know your choices for not having this information used by third-party service providers, please visit: http://www.networkadvertising.org/managing/opt_out.asp.
We reserve the right to collect information about you to the fullest extent allowed by the law, but set forth below are some examples of information that might be PI that can be collected by technologies we use.
Information such as browser type and version; access device type (e.g., phone, tablet, laptop or whatever); operating system; Internet Service Provider; IP address, MAC address and/or other unique device identifier(s); phone number; hardware/software types, authentication data, demographic data, search history, screen resolution, and other data that might create a unique "fingerprint" or the like of your device.
Domain name from which you came or a page, link, ad, website or source that referred you; time and date stamps; how long you stay and whether you are a return visitor; where and what you do in our Channel, including what's in your shopping cart and details of items purchased; clickstream data and clicks on particular items such as an ad; other acts you take and pages you view; account holder activities (e.g., if you have a Zumiez Stash account, we track what you do to accumulate points); patterns (e.g., how often you come back to a Channel or features you tend to use) and so on.
General location data (e.g., country or zip code) or precise location data (e.g., an App of ours or someone else might ask if it's okay for the App to collect exactly where you are).
Other types of information such as: user history on use of Apps; social media check-ins or other types of log in information at stores and/or events; coupon information, The Zumiez Stash loyalty reward redemptions, etc.
How We Use Your Personal Information
In general, we reserve the right to use and otherwise disclose PI for every lawful purpose. Set forth below are some non-exclusive illustrations of how we tend to or may make use of PI.
We may collect and use your PI to provide you products and services, notify you of product recalls or safety issues, process and respond to your application for current or future career opportunities, to respond to your comments or questions, determine your satisfaction with our programs and service, to personalize your experiences, if you ask us to, send you marketing communications and other information you have chosen to receive regarding our products, services, marketing or special events. We also may your PI for our everyday business purposes such as security, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance. In addition, we may also use the personal information you provide:
• To pre-populate a form for you such as populating address information at check out.
• To deal with companies or celebrities or other third parties that participate with us in events, promotions, videos, and other activities.
• To deal with Third Party Services and other service providers, including data analytic providers such as Google Analytics. Third parties that we use, or even just third parties that you might reach via links from our Channels, may have their own privacy policies or separate terms & conditions.
• To receive and review a question or request from you.
• To deal with our current or future affiliates. This may include things like the transfer of personal information and other information from Zumiez to one of its affiliates.
• To make common uses of it (i.e., uses that an ordinary reasonable person should expect or that are typically thought to be legally acceptable).
• To make extraordinary uses (e.g., in a merger or bankruptcy etc.).
• In connection with selling, renting, leasing, disclosing or otherwise sharing of your personal information with third parties for those third parties' marketing or other purposes.
• To respond to a domestic or foreign legal process (e.g., a governmental or non-governmental subpoena).
• To make secondary uses (e.g., collecting information for one reason but using it for another when such use appears useful or convenient to us).
• To include you in relevant lists (like club or customer lists, newsletters, blogs, feeds, alerts or other communications).
• To deal with social networks. We and you will be subject to their applicable policies and rules, some of which may allow you to restrict some disclosures.
• To work with advertisers to place ads in our Channels, which may include "behavioral," "targeted," "cross site" and other types of advertising intended to be personalized to you or your device.
• To make and disclose Aggregate Data.
It is not possible for us to list every lawful disclosure we might make of PI and we'll change as technology, society, law and our business change, so the above contains general, non-exclusive illustrations. We reserve the right to supplement or change the examples from time to time and to make all lawful uses of PI worldwide.
How we protect your Personal Information
To help guard your PI we use physical, electronic, and procedural safeguards to protect your confidentiality. We use what we believe are commercially reasonable security measures to protect your PI that we possess or control. You also have a role in security, for example you are in charge of the security of any applicable password for a Channel and you control the access device you use (some of which devices can be insecure). An unfortunate reality of our digital age is that security measures are seldom infallible, accidents happen and individuals (including, but not limited to, employees, or service providers) might fail to follow policies or contracts. ACCORDINGLY, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION; WE PROVIDE THE SECURITY AS IS; AND WE DISCLAIM ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS. If applicable law imposes any non-disclaimable duty on us, you agree that the standard used to measure our compliance shall be intentional misconduct.
Phishing attacks attempt to steal consumers' personal information data and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to us at help@Zumiez.com with the subject of "Privacy", and then immediately delete the fraudulent email from your computer or other device.
You can and should update your contact information so that we can communicate with you effectively, especially mobile phone numbers as this information is needed so that we can stop sending messages to your old number or address.
We may deny a request to alter or access data subject to applicable law and receipt of authenticating information where we believe it is appropriate to do so. You will not be able to change or delete all PI. For example, you will not be able to alter PI that:
• We already provided to someone else;
• You are not supposed to access, change or eliminate or that might jeopardize us or others if you altered it;
• Has already been combined with other information; or
• We need for business related purposes (for example, to prevent or respond to potential fraud or so that we can show that we or a service provider acted appropriately).
We will determine in our good faith discretion (subject to applicable law) what PI may be altered and how it may be altered. We may keep records of the original PI and changes to it (including deletions) and disclose it for lawful purposes.
When PI is eligible for "deletion" or "removal," you agree that, unless otherwise expressly required by law, we need not actually remove or eliminate it but may instead curtail access to it until it is gone (such as by being overwritten), or we may keep it but make it invisible to Channel visitors. Please note that even if we remove PI or eliminate or restrict access to it, others who already have the PI will still have it and we do not agree to try and get them to change or delete it. If a law requires us to try to do that, you agree that we may satisfy such a law by sending the third party notice to alter or delete it.
If applicable law requires us to accept requests by other means, use the foregoing address to learn about those means. We will honor requests as required by law. We may do that by supplying a copy or access within a reasonable time, but no less time than needed to process or alter databases in the ordinary course of business. Currently, we do not charge for responding to such requests, but reserve the right to do so.
Links to Other Websites and Services
What special consents do we request?
You need particularly to consent to items that some laws want us to emphasize. You specifically consent to each of the following:
Behavioral, Targeted or Similar Advertising: Certain features and services on our Site are designed to make your online experience more efficient and enjoyable through the use of behavioral, targeted or similar advertising. By that we mean that we collect data about your activities with others or us over time for use in providing advertising about products and services tailored to what we or others think you might be of interest to you. This commonly happens on our Site and other websites, but it may also occur in our Apps (or others) and at physical stores or events. You expressly agree that we and other participants may disclose PI to do such advertising.
Electronic Notice if There is a Security Breach: If we or any of our service providers are required to provide notice of unauthorized access to, use of, or other disclosure of PI about you, you agree that we (or they) may do so voluntarily or when required by posting notice in a relevant Channel, sending notice to an e-mail or other "e" address we have for you (or that you have authorized for other communications), or by any other method allow by law or contract in our (or their) sole discretion.
Your Opt-Out/In Options
Options Offered By Us. You have the option to opt-in or opt-out to marketing emails and text messages. Many of the ways are straightforward. For example, if we ask you to participate in a survey and you participate we may ask that you provide PI. If you don't want to provide any PI then one option you have is to not participate in the survey. Similarly, if you use a social media network to share your favorite finds from Zumiez you may exchange PI with us. Once you provide PI or use such technologies such as a "like/dislike" button the data may be disclosed or used by us. Again, one option you have is to not utilize social media in this way if you have concerns about sharing your PI.
Even if you opt-out (or do not opt-in), you will still receive other communications from us such as transactional emails and messages related to your questions, orders, updates about products or services you purchased and information about your account. You will also continue to receive communications relating to particular things you signed up for such as for a contest or at an event.
Options Offered By Others; Third Parties on Our or Other Websites. Some browsers, devices, distribution platforms, or applications help you refuse to accept some technologies or allow you to create some privacy settings (for example, establishing a "Do Not Track" (DNT) signal to third parties; or being able to say yes or no to the collection of certain data). These technologies may or may not be successful. For example in the case of browsers, not all technologies are controlled by browsers; unique aspects of your browser or device might be recognizable even if you disable a technology; not all settings will necessarily last or be honored; and even if a setting is honored for one purpose data still may be collected for another.
As referenced earlier, we may use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, serve advertisements on our Sites, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on our Sites. Some of these third party service providers participate in the Network Advertising Initiative's Opt-Out Tool (http://www.networkadvertising.org/choices/) and/or the Self-Regulatory Program for Online Behavior Advertising (http://www.aboutads.info/choices/). You can learn more about these tools by clicking on the referenced links. Please note the following with respect to opting out:
• The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete tracking technologies using the controls in your Web browser after opting out, you may have to opt out again to re-establish your opt-out preferences.
• Opt-outs are "browser-specific." The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer 9, this choice will not affect the use of information collected by tracking technologies when you use Mozilla Firefox on the same Device. It also means that opting-out on one device will not affect the use of information by tracking technologies on other devices that you may use to access out Site.
California Do Not Track Disclosure and Direct Marketing Information Disclosure
California Civil Code Section 1798.83 permits you to request and obtain from us, once a year, free of charge, a list of the third parties to whom we disclosed your personal information as defined under that statute, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request you may contact us by writing us at:
Children or Other Minors Federal Childrens Online Privacy Protection Act ("COPPA"):
Zumiez Best Foot Forward
The Zumiez Best Foot Forward amateur skateboard series requires a signed liability waiver and release to participate. The waiver contains personally identifiable information, which we keep on file regardless of age. We do not use any information provided on the waiver and release for marketing purposes.
• Exceptions: we are not required to allow erasure or elimination of content or information in any of the circumstances listed in CA Bus. & Prof. § 22581. The exceptions in § 22581 include things like this: (1) federal or state laws requiring us or a third party to maintain the content or information; (2) the content or information isn't covered by the law, e.g., someone other than you posted it or your posting is stored, republished, or reposted by a third party; (3) we turned your content or information into Aggregate Data or the like; (4) you don't follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Furthermore, law enforcement may obtain the content or information pursuant to certain court orders or other legal means.
What about identity theft?
What about amendments?
"Aggregate Data" means information that we reasonably believe has been "de-identified" or "anonymized" such that (a) it is not PI, (b) it was PI but no longer is, or (c) it reasonably would only be viewed as PI by use of special knowledge or resources that we and others ordinarily don't have in the ordinary course of their business.
Common Uses. Another way to describe common uses of PI is to think of uses that should be apparent or relevant in context, i.e., given the circumstances, for what purposes might a business like Zumiez collect, use and otherwise disclose PI from time to time? For example, we make disclosures:
• To meet our obligations and enforce our rights, to make disclosures to third parties who help us (e.g., service providers, information technology providers, mailing and other business process providers, outsourcing providers and so on), and to operate and improve our business;
• For security, fraud prevention, authentication, verification purposes and so on, including (without limitation) searching public records or publicly available information (such as information on the Internet) and participating in industry or private initiatives (such as sharing data to help decrease fraud);
• To communicate with you, such as responding to questions or requests or contacting you for lawful purposes, including surveys;
• To vendors and their service providers needing data to do their jobs;
• To deal with an activity or a contract, or to obtain additional PI from you or others. For example:
⁃ If we collect payment card information we will disclose it to third parties throughout the processing system (e.g., banks, networks, card organizations etc.) and to protect ourselves or others, including to law enforcement; and
⁃ We might try to follow up with you such as to help determine who you are or your authority, including doing things like checking records of ours or others, keeping copies, and making disclosures in disputes like, lawsuits or investigations.
• To persons appearing to have a lawful interest in the PI (e.g., an insurance company dealing with a claim involving you);
• To comply with applicable law, including keeping records for as long as required or that we believe is advisable;
• For the kinds of purposes appearing in laws or regulations as exceptions to any privacy rights you may have or to your ability to "opt-out" of disclosures, even if those exceptions do not actually apply to us. An example is the Federal Trade Commission's regulation implementing privacy rules for financial institutions. It lists many typical reasons that those institutions may make disclosures or not offer an "opt-out" choice and you can see them at 16 C.F.R. § 313.14 and § 313.15;
• To exercise or preserve our legal rights, such as to attempt to protect or prevent harm (including economic harm) to us, our interests, property (of every nature, including intangible property rights) and business. Without undertaking any duty to do so, we may do the same for someone else such as any third party, including our affiliates or you; and
• To make additional disclosures that are consistent with the context or relationship of our transactions with you (or your principal) or that are required or allowed by law, regulation or other relevant guidance.
Extraordinary Uses. We may disclose PI in out-of-the-ordinary circumstances or emergencies, subject to applicable law. There is no clear line between ordinary and extraordinary purposes, but here are some examples of what we view as more in the nature of extraordinary:
• We may disclose PI to third parties with whom we might explore or engage in an extraordinary transaction, such as (without limitation) mergers or acquisitions, reorganizations, sales of all or part of our stock or assets, spinoffs, bankruptcies, dissolutions or anything else. We reserve the right to continue to use and disclose for our own purposes, all PI that we had before we engaged in such a transaction until it is clear that there is no longer a business or legal reason to do so; and
• We might hold PI until you or a related person cure a violation of obligations to us (e.g., if you are involved in a breach of a contract relating to us).
Legal Process. By "legal process" we mean things that we might have to do to comply with laws or what appears to be a law in the United States and other countries that that have or claim to have jurisdiction over us or information that we own, possess or control. Most countries have laws that allow governments or non-governments, including private persons in litigation, to use laws allowing them to obtain information. Examples include things like subpoenas (private, grand jury or other), warrants, identity theft requests, requests for information about an anonymous speaker, investigative demands (from law enforcement, regulators or others), national or international security letters or demands or the like, and so on. We may be required to comply and we reserve the right voluntarily to comply or cooperate with the requesting party, such as if we think that may help protect someone (including you, us or others) or some property (of ours, yours, or others). We also reserve the right to object to the legal process or to tell you about it so that you can object and obtain an appropriate order permitting us not to comply with the original request.
Sometimes the law will preclude us from telling you about the legal process. In other circumstances we might be allowed to tell you but it might not be practical or advisable to do so. We will determine in our sole discretion whether to contact you (e.g., we might contact you to so that you can object as noted above, or we might not make contact if there is concern that such might facilitate potential harm). You agree that we may do any or all of the above.
"Personal Information," "personal information" or "PI" means information we're required by law to protect and: (a) that personally identifies you, or (b) that does not personally identify you but reasonably may be used to identify you or your computer or other device that you use (e.g., mobile phone, tablet, automobile, "Google Glass" or other consumer or electronic product or device) and a law requires us to treat it as personally identifying you. PI does not include Aggregate Data or information that is publicly available, including in our Channels (e.g., if you include PI in a comment posted in a publicly accessible area of a Channel, that PI will become public information upon its posting and will cease to be PI).
We would recommend that you not use social network technologies if you are not comfortable with their policies and rules.
TERMS & CONDITIONS
You expressly acknowledge that your use of this site is at your sole risk. Zumiez is providing this site and its contents on an "as is, as available" basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Zumiez disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose - some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Zumiez does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Zumiez nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Zumiez also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES:
Zumiez, Inc. reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
TERMS AND CONDITIONS
Zumiez SMS subscription is a recurring service; 3 messages per month. Message and data rates may apply. Text HELP to 91404 for information, or contact email@example.com, 877-571-0774. Text STOP to 91404 to opt out of the service. You must have a two way text-enabled phone with compatible carrier and plan. Compatible major carriers include Alltel Wireless, AT&T, Boost Mobile, Nextel, Sprint, T-Mobile (R), U.S. Cellular, Verizon Wireless and Virgin Mobile USA. Text messaging is not available in all areas of the United States.
We value your participation and we promise to keep your information private and not sell to another 3rd party.
A valid email address is required for email alerts. All messages that you receive MAY include a note from a sponsor - in many cases, this is included so that we can keep the service FREE to you (outside of your carrier charges - we have no control over those).
To opt out of receiving alerts, either...
1. For text alerts only, text the word "STOP" at anytime to 91404.
2. For email alerts only, click on the unsubscribe link within the received alert.
3. Email firstname.lastname@example.org, clearly stating your email address AND REFERENCING THE SOURCE OF THE EMAILS, with instructions that you wish to be opted out of email and/or text alerts.
Text messaging is not available in all areas, and on all carriers, within the United States. Contact your carrier for more specific details. An internet connection is required to access your email account. You, the subscriber, are responsible for the provision and maintenance of all facilities required to access these accounts.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site ('Content') are the property of Zumiez Inc., its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Zumiez Inc.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Zumiez. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Zumiez Inc.'s copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all Zumiez. trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Zumiez uses in connection with the Site shall remain the exclusive property of Zumiez. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of Zumiez. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Zumiez or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Zumiez is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Zumiez and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Zumiez and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
Zumiez and Free World are registered trademarks in the United States and other countries; Limelight and Empyre are also trademarks that Zumiez uses. Zumiez trademarks may not be used without the written permission of Zumiez and specifically should not be used in connection with any product or service that is not identifiable as belonging to Zumiez.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zumiez..
Any rights not expressly granted herein are reserved.
NOTICE REGUARDING COPYRIGHT AGENT
Zumiez does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information.
Zumiez' designated copyright agent for notice of claims of copyright infringement on this Website is Chris Visser, who can be reached as follows:
4001 204th St SW
Lynnwood, WA. 98036
This site was developed by Delorum (delorumcommerce.com).
LINKS TO THIRD PARTY SITES
The Zumiez Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Zumiez and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Zumiez is not responsible for webcasting or any other form of transmission received from any Linked Site. Zumiez is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zumiez of the Linked Site or any association with its operators.
Your Posts. Visitors to the Zumiez Site ("users") may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content"). In order to keep the Site enjoyable for all of our users, you must adhere to the rules below.
Your Responsibilities. In order for us to keep the Site safe and available for everyone to use, you agree to use the Site for lawful and appropriate purposes only. You agree not to use the Site in a way that:
No Spam or Inappropriate Content. You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Zumiez will fully cooperate with any law enforcement authorities or court order requesting or directing Zumiez to disclose the identity of anyone posting any such information or materials.
You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content; you also represent and warrant that the Posting of your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Content. Zumiez will remove all User Content if we are properly notified that such User Content infringes on another person's rights. You acknowledge that Zumiez does not guarantee any confidentiality with respect to any User Content.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Zumiez does not endorse any User Content, and User Content that is Posted does not reflect the opinions or policies of Zumiez. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Zumiez assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against Zumiez with respect to such User Content. To notify us of any inappropriate User Content, email email@example.com.
Zumiez does not guarantee, warrant or endorse any product or service not manufactured or performed by Zumiez Inc., nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Zumiez. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Zumiez.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Zumiez reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
You agree to defend, indemnify and hold Zumiez harmless and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
The Terms shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws provisions. Any dispute or claim relating in any way to Zumiez.com, or products or services sold or distributed by Zumiez or through Zumiez.com, shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, PTSGE Corp. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, in Seattle, WA, or at another mutually agreed location. We each agree that (1) any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action and (2) either of us may bring suit in court to enjoin intellectual property rights violations. If a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zumiez as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Zumiez with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Zumiez with respect to the Sites.
These Terms are effective until terminated by either party. You may terminate your agreement with Zumiez at any time by no longer accessing this Site and destroying all materials obtained from the Site. Zumiez reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these termsat any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
TERMS OF SERVICE
1. Acceptance of Terms.
CrowdTwist, Inc. (CrowdTwist) owns and operates certain websites that implement fan clubs, incentive programs, reward programs and other loyalty programs (collectively, Program),each of which is accessed from a website that is affiliated with Zumiez, Inc. (collectively, Client) who is the focus of that Program. Each Program, together with the content, incentives and rewards, information sharing and other services available at that Program, are collectively referred to herein as the Service.
The following are the current terms and conditions for use of this Program and Service. Except certain aspects of the Service that may be available to Public Users, the Service is provided only to users who become Members (as such terms are defined below). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published at the Program by CrowdTwist from time to time (collectively, Policies), including without limitation, Policies that may be published in respect of:
The Terms of Service are in addition to (not in lieu of) any other agreement (whether in writing or clickwrap) that you have entered into with CrowdTwist (now or in the future) regarding any Service (Other Agreements). If there is any conflict between the Terms of Service and those of any Other Agreement, the terms of the Other Agreement shall control.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
CrowdTwist reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. CrowdTwist will use reasonable efforts to notify Users of any material change at least 30 days in advance of the effective date of any change. Change notices may be communicated by postings in the Program or, in the case of Members, electronic mail. In any case, Users should periodically check the Terms of Service for changes. Continued use of the Service following such notice of any change to the Terms of Service constitutes User's acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and CrowdTwist.
CrowdTwist may terminate the Service, in whole or in part, at any time.
You must be at least 13 years of age to visit the Program and use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. CrowdTwist will not collect personally identifiable information from any person that is actually known to us to be a child under the age of 13.
The term Users includes all registered and unregistered users that access or use the Program or Service. Each User that properly completes the registration process shall be considered a Member for the purposes of the Terms of Service. Users that do not complete the registration process, or whose registration is not accepted, shall be considered Public Users. Public Users have limited access to the Service, if at all.
CrowdTwist may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a Member, each User must complete the registration process by providing CrowdTwist with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their name and zip code (or outside the US, city and country), username, password, legitimate electronic mail address and certain additional information (such as, for example, preferred contact method and products and services of interest); in order to obtain certain aspects of the Service, Members may also elect to provide access information related to their accounts at social networking sites (such as, for example, Twitter, Facebook, FourSquare and Instagram); and in order to obtain certain Services applicable to the Rewards Program (as further described below), Members may be required to provide mobile telephone account information. Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Users may apply for registration at /sign-up. CrowdTwist may refuse to accept any User's application to register as a Member, in its sole discretion.
Upon acceptance, CrowdTwist will provide access credentials to the Member. Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify CrowdTwist immediately of any unauthorized use of Member's account or any other breach of security.
At this time, a User must register to become a Member of each Program separately.
6. Rewards Program.
The Service may include one or more programs (the Rewards Program) where Members can accumulate and redeem loyalty rewards points (Points), on an individual basis and solely for their own account. The Rewards Program may be structured to offer certain benefits based on the Member's current balance of "redeemable" Points (that is, Points that have not previously been redeemed) or "lifetime" Points (that is, all prior Points accumulated by Member, whether previously redeemed or not).
From time to time, CrowdTwist may establish (at its sole discretion) loyalty criteria pursuant to which Member's may "earn" Points (such as, for example: by registering for this Service; by sharing User Content at the Program; by engaging in certain specified activities at the Client Site (as defined below), like visiting or watching videos at the Client Site; by engaging in certain specified activities related to social networks). Points may expire (and become non-redeemable) after a specified period of time as determined by CrowdTwist and Client in their sole discretion.
From time to time, CrowdTwist may offer benefits or privileges to Members in exchange for redemption of a specified number of Member's Points. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by the Client and/or CrowdTwist and are subject to change.
Member acknowledges and agrees that:
Resellers of Client merchandise or customers who make bulk purchases are not eligible to earn Points or to participate in the Rewards Program. CrowdTwist and Client reserve the right to review account activity for purchase patterns that fall outside the intended use of the program. CrowdTwist and Client have sole discretion in the determination of whether an account holder or User’s purchase patterns meet the qualification for bulk purchasing or purchasing for the purpose of reselling. Points acquired in that account will be forfeited and the account may be suspended or terminated.
Except as expressly provided otherwise in the Terms of Service, CrowdTwist and each Member or other User is solely responsible for all of its costs and expenses related to the Service.
The Client determines whether (and how much) Users will be charged to access the Program and use the Service. In the case of any Program and Service that are initially made available without charge, Client may later decide to charge for accessing or using some or all of the features of the Program and Service. In the case of any Program or Service where a subscription or other fee is charged, the Client may later decide to change the price of that fee. Users will be notified of fee changes in accordance with Section 2. User hereby agrees to pay all applicable fees for Program and Services that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by the Client.
The Program may include may include discussion forums or other features, where Members may upload, display or transmit user generated content and other information of interest to those Members (including without limitation, User Content).
Because CrowdTwist does not review the substance of Member postings on the Program or other communications via the Service, every Member must be careful in dealing with other Members to avoid fraud. Member acknowledges that information provided by other Members may, despite the prohibitions set forth in the Terms of Service, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and so CrowdTwist cannot and does not confirm that each Member is the person who they claim to be.
CrowdTwist is not involved in Member-to-Member dealings and, therefore, each Member agrees, in connection with any use of the Service: (a) to release and hold harmless CrowdTwist, Client and their respective parents, affiliates, subsidiaries, employees, contractors, officers, directors, members, partners and representatives from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such Member (including any disputes with other Members using the Service); and (b) to attempt to settle any disputes directly with such other Member or other third party.
9. User Rules and Conduct.
The Service is provided to Users only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Rewards Program or other aspect of the Service for which the User is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account, username or password, including User Content posted to or transmitted via the Service.
As a condition of use, each User hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Service or any Other Agreement, or any other purpose not reasonably intended by CrowdTwist. User agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Members shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, each User agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner, that:
Member agrees that Points are not valid unless earned strictly in compliance with the requirements as established and intended by CrowdTwist, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Members shall perform all of their obligations in respect of any Rewards Program transaction entered into in connection with using the Service.
CrowdTwist may, at its sole discretion, immediately suspend or terminate any User's access to the Service should their conduct fail (or appear to fail) to strictly conform to any provision of this section.
CrowdTwist has no obligation to monitor the Service or any User's use thereof. However, CrowdTwist reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).
CrowdTwist has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, CrowdTwist and its agents have the right, at their sole discretion, to remove at any time any User Content that, in CrowdTwist's judgment, does not comply with the Terms of Service or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. CrowdTwist is not responsible for any failure or delay in removing any such content.
User shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
11. Third Party Sites.
The Service may permit Users to access the Program from and to link from the Program to other websites on the Internet, including without limitation, the website affiliated with the Client, who is the focus of this Program. These other websites are not under CrowdTwist's control, and User acknowledges and agrees that CrowdTwist is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by CrowdTwist or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites.
12. Participation in Promotions of Affiliates.
Any dealings by Users with the Client, advertisers and other vendors (collectively, Program Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and Program Affiliate or other third party. CrowdTwist is not responsible or liable for any part of any such dealings or promotions.
13. Proprietary Rights.
User acknowledges and agrees that the Program, Service and all content and materials created by or for CrowdTwist and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and CrowdTwist (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by CrowdTwist, each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program, Service or such content and materials. However, unless the Service otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Program for the Member's personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Program by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without CrowdTwist's express prior written permission.
If User desires to make any use of any Program content for any purpose other than personal, noncommercial reference, then User shall first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from the Program for any other purpose is strictly prohibited without CrowdTwist's express prior written permission. Attempting to access or use the Program, Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
14. License to CrowdTwist.
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Program, each User hereby:
User agrees that he or she will not contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant CrowdTwist the use license, and to satisfy all of the warranty requirements, described above.
Notwithstanding the foregoing, the Service may provide each User with the ability to remove some or all of the User Content posted to the Program by such User. Following any such removal, CrowdTwist will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by CrowdTwist at the Program; provided, however, User acknowledges and agrees that CrowdTwist may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that CrowdTwist shall have no responsibility or liability in respect of any content that has been exported by CrowdTwist or shared with other Users via the Service or that has been downloaded or copied by Users to other websites, systems and devices.
CrowdTwist may terminate any User's access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate its registration and account, Member may do so at any time by sending an email to firstname.lastname@example.org that includes Member's electronic mail address and specifies the Client to which the termination applies.
Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 12 – 23 shall survive. After termination, CrowdTwist has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other User or third party.
16. Disclaimer of All Warranties.
THE PROGRAM AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE PROGRAM AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CROWDTWIST, CLIENT AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER'S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
17. Limitation of Liability.
User agrees that neither CrowdTwist nor Client shall not be responsible or liable for any unauthorized access to, alteration or use of User's account, transmissions or data, any material or data sent or received or not sent or received through the Service. User agrees that neither CrowdTwist nor Client is responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
IN NO EVENT SHALL CROWDTWIST, CLIENT OR ANY OF THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO CROWDTWIST BY USER (AND RETAINED BY CROWDTWIST HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF CROWDTWIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees to (a) defend CrowdTwist, Client and their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of any transaction with the Client or other Program Affiliate or other Member in which User is involved, User's use or misuse of the Service, or User's breach of any of its representations, warranties or covenants under the Terms of Service and (b) indemnify CrowdTwist and Client for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys' fees) awarded and arising out of such a claim. CrowdTwist and/or Client, as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with CrowdTwist and/or Client in asserting any available defenses.
19. International Use.
CrowdTwist makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
Please note the Zumiez Stash is unable to ship to international PO boxes; U.S. PO boxes are ok.
20. Disputes: Choice of Law and Forum.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and CrowdTwist agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or use of the Program or Service shall be filed only in the state or federal courts located in New York, New York, USA, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 20 THAT AFFECTS USER'S RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND CROWDTWIST, CLIENTS, AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 20.
BINDING INDIVIDUAL ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and CrowdTwist, Client or Partner Affiliate regarding the use of the Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 20 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with CrowdTwist, Client or Partner Affiliate or any of their officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and the party that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 20, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE ENTITY AGREE THAT ANY CLAIM FILED BY YOU OR BY CROWDTWIST, CLIENT OR PARTNER AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 20.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 20, YOU MUST NOTIFY CROWDTWIST IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 110 EAST 23RD STREET, FLOOR 7, NEW YORK, NY, 10010, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR CROWDTWIST FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY CROWDTWIST, CLIENT OR PARTNER AFFILIATE THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY CROWDTWIST, CLIENT OR PARTNER AFFILIATE YOU MUST SEND WRITTEN NOTICE TO 110 EAST 23RD STREET, FLOOR 7, NEW YORK, NY, 10010, ATTN: LEGAL DEPARTMENT/ARBITRATION,TO GIVE CROWDTWIST, CLIENT OR PARTNER AFFILIATE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If CrowdTwist, Client or Partner Affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or CrowdTwist, Client or Partner Affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section 20.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND CrowdTwist, Client or Partner Affiliate WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or CrowdTwist, Client or Partner Affiliate you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 20 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by CrowdTwist, Client or Partner Affiliate with which you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with CrowdTwist, Client or Partner Affiliate you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to CrowdTwist, Client or Partner Affiliate you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or CrowdTwist, Client or Partner Affiliate you have a Dispute with may initiate arbitration in the State of New York, or the United States county in which you reside. In the event that you select the county of your United States residence, CrowdTwist, Client or Partner Affiliate you have a Dispute with may transfer the arbitration to the state of New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
21. Integration and Severability.
The Terms of Service (including the Policies, and together with any Other Agreements) are the entire agreement between User and CrowdTwist with respect to the Service and use of the Program, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and CrowdTwist with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
22. General Provisions.
User's rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or subject to sublicense by User except with CrowdTwist's prior written consent. CrowdTwist may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
23. Copyright and Trademark Notics.
The Terms of Service and all content provided by CrowdTwist are copyright © 2009-2013 CrowdTwist, Inc. and/or its licensors or suppliers.
CrowdTwist is the trademark of CrowdTwist. The names and logos of Clients used in connection with the Program are the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
24. Procedure for Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be made according to the instructions provided at http://thestash.zumiez.com/public/copyright (the Copyright Policy).
110 East 23rd Street
New York, NY 10010
Attn: Customer Support br> Email: email@example.com
An order confirmation email is not a guarantee of delivery, as all orders are subject to inventory availability. This means that from time to time our inventory information may be incorrect and we may be unable to fulfill your order as requested. We will always notify you as soon as we become aware that this may be the case.
All orders placed with Zumiez.com are subject to order verification and payment review, for the protection of cardholders. Customers must provide current contact information (phone and email) in order to facilitate this process, as well as provide the correct billing address from the payment account. The payment review process may cause a delay in the shipment of your order, so replying to requests for additional information quickly is important.
Order verification requests that do not receive a response will result in the cancelation of your order.
Refunds are processed to the original form of payment, except in the following circumstances:
At times we offer additional promotions on top of either full price or already marked down product. All discounts and promotions are applied at checkout, and any item with an additional promotion (such as “Buy One Get One Free”) will be marked with text on the individual item explaining the promotion that applies to the item. Promotion will be applied only to the items with this additional promotional messaging regardless of promotions messaged throughout the site or on any other product promotions offered by Zumiez.
For Buy One Get One Free and Buy One Get One 50% Off, you must choose two (2) items marked with the applicable promotion text and the promotion will be applied to the lower priced item. Discount is taken off of the lower priced item and is taken off of last marked price. Items without promotional text will not be honored in a promotion. A promotion may be applied multiple times within the same checkout. The discount will be automatically calculated into the subtotal of your order.
No price adjustments will be offered on product purchased prior to a promotion or markdown being applied.
Promotions apply to select styles and brands. Exclusions may apply and promotions are subject to change. Promotions do not apply to these brands which are excluded from any additional promotions: Nike, G-Shock, and Ray Ban.