Policies & Terms

  • Privacy and Security Policy
    Updated 1/21/2014

    PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. FOR CHILDREN VISITING THIS WEB PAGE, ASK YOUR PARENTS TO GO OVER THIS WITH YOU.

    By using http://www.zumiez.com, thestash.zumiez.com, zumiezcouchtour.com, bestfootforward.com ("Sites") you signify your assent to this Privacy Policy. If you do not agree with this policy, please do not use these Sites. Your continued use of our Site following the posting of changes to these terms will mean you accept those changes. Zumiez reserves the right, as its sole discretion, to change, modify, add, or remove portions of this policy at any time.

    Zumiez Inc. values the relationship we have built with our customers. Our customers' rights to privacy online and the concerns of parents for their children visiting our site are very important. In efforts to bring you a great shopping experience and keep you updated with current promotions, events and product, we may collect some personal information.


    Why do we collect personal information? How do we use it? When do we share it with other companies? All these questions will be answered in this privacy policy. Also, you will learn about your rights and choices in regards to the use of your information. If you have any questions about this privacy policy, contact Zumiez Customer Service:

    Phone: Toll Free at: (877) 828-6929
    Email: help@zumiez.com
    Postal Address:
    Zumiez Customer Care
    9911 B Woodend Rd
    Edwardsville, KS 66111

    From time to time our privacy policy may change; our most recent information will be posted on our Site. Look for the revision date; it will inform you on the latest day of modification.

    Privacy of Children on Our Site

    The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Site. Below we explain how we comply with COPPA. When we use the term "parent" below, we mean to include legal guardians.

    Information should not be submitted to or posted at zumiez.com, thestash.zumiez.com, zumiezcouchtour.com or bestfootforward.com by guests under 13 years of age. If Zumiez learns that a guest under 13 years of age has submitted personally identifiable information online Zumiez will take reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).

    Children can browse zumiez.com, zumiezcouchtour.com and bestfootforward.com without any personal information being collected. Guests under 13 years of age cannot access thestash.zumiez.com. We collect birth dates to validate the ages of our guests, including children. We do not collect any other personally identifiable information from children during our registration process. We will apply material changes in our Privacy Policy only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.

    If you need further assistance, please contact Zumiez Customer Service with your questions or comments at:

    Phone: Toll Free at: (877) 828-6929
    Email: help@zumiez.com
    Postal Address:
    Zumiez Customer Care
    9911 B Woodend Rd
    Edwardsville, KS 66111

    If you are not 18 years of age or older, you must have your parent or guardian's permission to call this number.

    NOTICE: Please visit http://www.ftc.gov/privacy/privacyinitiatives/childrens.html for information from the Federal Trade Commission about protecting children's privacy online.

    Information We Collect

    We may collect information including: your name, postal address, billing address, telephone number, email address and, when necessary, credit card information when you:

    Place an order online
    Join The Zumiez Stash Rewards program
    Make a purchase at one of our Zumiez Retail Stores
    Return an item or make an exchange
    Inquire about our services
    Receive a gift package
    Create an account at Zumiez.com
    Register at an event
    Subscribe to receive email or text messages
    Send a wish list
    Share your Shopping Bag
    Rate, Review or Tag a product or service
    Enter a contest or sweepstakes
    Are referred to us through a marketing promotion
    Participate in a marketing survey, promotion, or events

    To protect our customers, all records and data you have provided, are kept in secure databases. See Security section for more information.

    We collect data every time someone accesses zumiez.com, zumiezcouchtour.com, bestfootforward.com, or thestash.zumiez.com. This information is gathered to improve your shopping experience. The types of data we are tracking are day and time the Site is accessed, the internet domain used to access the Site, the website visited prior to visiting our Site, the pages visited while on our Site and your activities on the site.

    Using Information We Collect

    The information we collect will simply help us provide you products and services such as:

    Offer information on past purchases
    Award you The Zumiez Stash Rewards Points
    Improve our product selection
    Process and track your order
    Provide the services you request
    Contact you about the status of an order
    Identify your product and service preferences
    Customize our communications to you
    Provide information concerning products you have purchased
    Improve our customer service
    Provide product recommendations

    How We Use Email, Text and other Communications

    We may communicate with our customers via email, phone or text to provide the products and services you requested. These communications may include:

    Order confirmation
    Shipment confirmation
    Providing customer service and answers to your questions
    Order Tracking
    Account Information
    The Zumiez Stash Rewards information

    Zumiez.com will never ask you through email to provide personal information including credit card numbers, passwords, or bank account numbers.

    Information We Share With Others and Your Privacy Rights

    When you shop or visit one of our stores or one of our websites we may share information about you to improve your shopping experience. We contract with service providers to maintain and manage our customer information, including credit card processing, shipping, name and address verification, email distribution, market research and promotions management. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than Zumiez. We generally do not authorize any of these service providers to make any other use of your information. In addition, when we partner with another company to offer or provide products, services, contests or promotions, we may compare our customer list with theirs to identify our common customers. Zumiez and its marketing partners may use that information to fulfill our respective obligations to you and for future promotional activities.

    When we offer contests and promotions, with or without a marketing partner, you may be required to provide certain personal information in order to participate. In these cases, we will give you the choice not to receive promotional email messages or other communications from us regarding our products, services, contests, and promotions. In this case, however, Zumiez, or one of its affiliates may still need to contact you, for example, to notify winners and to fulfill promotional obligations. In the unlikely event of a sale of some or all of our business, Zumiez will disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy.

    Zumiez reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of Zumiez, its affiliates, and others.

    Updating or Reviewing Your Information

    Did your personal information change? No problem, you can update, review or delete your personal information related to your account with zumiez.com or thestash.zumiez.com. This may include change of name, addresses or contact information. You have two ways to update this information:

    Online: First go to Zumiez.com or thestash.zumiez.com and log into your account using your username and password. Once you have logged in to your account, you can edit your profile.

    Phone: Zumiez.com Customer Care Toll Free at (877) 828-6929

    Promotional Communications

    We want to keep you updated, that is, if you want to hear about it. Zumiez will only correspond with customers who have agreed to receive communication. If you would like to stay updated with Zumiez events, promotions, new product and much more; Sign up today!

    If you no longer want to receive this information, contact us by:

    Phone: Toll Free at (877) 828 6929
    Email: help@zumiez.com
    Postal Address:
    Zumiez Customer Care
    9911 B Woodend Rd
    Edwardsville, KS 66111

    Cookies and Pixel Tags

    A "cookie" is the term we use to describe a small data file that many Web sites use to write a file onto your hard disk. A cookie can contain data like an ID number used to track what pages were visited. Cookies do not have the ability, by itself, to be used by a Web site to obtain person information about the user or to read information from your computer. Cookies are simply there to help improve your experience with Zumiez.com. Why we use cookies:

    View items placed in shopping cart
    Track products that have been visited
    Track when Zumiez.com has been visited
    Track pages that have been visited
    Determine whether a visitor came to Zumiez.com from a particular internet link or banner advertisement
    Award The Zumiez Stash Rewards points for your website activities

    The use of cookies is an industry standard, you'll find them at most major Web sites. We never save passwords or credit card information in cookies. If you prefer not to receive cookies from Zumiez, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence, or you can also refuse all cookies by turning them off in your browser.

    Third-Party Web Beacons: We use third-party web beacons to help analyze where visitors go and what they do while visiting our website. We use anonymous information about your visits to this and other websites in order to improve our products and services of interest to you.

    As part of our overall marketing program Zumiez will use cookies and other tracking technologies as part of our advertising re-targeting program. These cookies enable our re-targeting partners to show you advertisements for our site when you visit other sites in 3rd party networks.

    Security

    We respect your personal privacy so we take all appropriate steps to keep your personal information confidential. Currently we use the Secure Sockets Layer (SSL) protocol to safeguard your information, which is an encryption method. You can tell you are using the SSL encryption when a gold or blue padlock appears in the corner of your Microsoft browser.

    Links to Other Sites

    For your convenience Zumiez.com may contain links to other web sites. Linked web sites operate independently, we are not responsible for webcasting or any other form of transmission received from any linked site. We advise reading the linked site's policies to ensure a better shopping experience.

    Zumiez SMS

    TERMS AND CONDITIONS

    Text ZUMIEZ to 91404 to opt in to Zumiez News Alerts. The subscription is a recurring service; 3 messages per month. Message and data rates may apply. No purchase necessary. Text HELP to 91404 for information, or contact help@vibes.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.

    PRIVACY POLICY

    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 help@vibes.com, 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.

    Your California Privacy Rights

    California Civil Code Section 1798.83 permits customers of the Zumiez who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact Zumiez Customer Service with your questions or comments at:

    Phone: Toll Free at: (877) 828-6929
    Email: help@zumiez.com
    Postal Address:
    Zumiez Inc.
    6300 Merrill Creek Pkwy Suite B,
    Everett, WA. 98203
    Attn: Customer Service

    Questions or Comments

    Have questions or comments about this policy? Let us know by contacting us at:

    Phone: Toll Free at: (877) 828-6929
    Email: help@zumiez.com
    Postal Address:
    Zumiez Customer Care
    9911 B Woodend Rd
    Edwardsville, KS 66111

    TERMS & CONDITIONS
    Updated 11/4/13

    These terms and conditions of use (the "terms") set forth the terms on which Zumiez Inc. DBA. Zumiez.com ("Zumiez") provides you access to this web site ("Site"). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately ceases use of this site.

    DISCLAIMER

    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.

    Zumiez SMS

    TERMS AND CONDITIONS

    Text ZUMIEZ to 91404 to opt in to Zumiez News Alerts. The subscription is a recurring service; 3 messages per month. Message and data rates may apply. Text HELP to 91404 for information, or contact help@vibes.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.

    PRIVACY POLICY

    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 help@vibes.com, 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.

    TRADEMARKS

    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.

    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
    Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Zumiez' designated copyright agent for notice of claims of copyright infringement on this Website is Brian Leith, who can be reached as follows:

    Brian Leith
    4001 204th St SW
    Lynnwood, WA. 98036
    (877) 828-6929
    brianleith@zumiez.com

    SITE CONTENTS

    WEBSITE DEVELOPER

    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.

    USER CONTENT

    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:

    violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
    uses technology or other means to access the Site that is not authorized by Zumiez (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Site contents).
    involves accessing the Site through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Site and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).
    attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
    attempts to damage, disable, overburden, impair, or gain unauthorized access to the Site, including Zumiez' servers, computer network, or user accounts.
    attempts to collect personally identifiable information in violation of Zumiez' Privacy Policy
    encourages conduct that would constitute a criminal offense or give rise to civil liability.
    violates these Terms
    interferes with any other party's use and enjoyment of the Site.

    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 help@zumiez.com.

    SHOPPING

    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.

    ORDER ACCEPTANCE

    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.

    COLOR

    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.

    PRIVACY

    Zumiez agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors. View Zumiez' Privacy Policy

    INDEMNIFICATION

    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.

    CHOICE OF LAW AND DISPUTE RESOLUTION

    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.

    MISCELLANEOUS

    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.

    TERMINATION

    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 & CONDITIONS
    Updated 11/4/13

    These terms and conditions of use (the "terms") set forth the terms on which Zumiez Inc. DBA. Zumiez.com ("Zumiez") provides you access to this web site ("Site"). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately ceases use of this site.

    DISCLAIMER

    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. restrictions

    Zumiez SMS

    TERMS AND CONDITIONS

    Text ZUMIEZ to 91404 to opt in to Zumiez News Alerts. The subscription is a recurring service; 3 messages per month. Message and data rates may apply. Text HELP to 91404 for information, or contact help@vibes.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.

    PRIVACY POLICY

    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 help@vibes.com, 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.

    TRADEMARKS

    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.

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Zumiez' designated copyright agent for notice of claims of copyright infringement on this Website is Chris Visser, who can be reached as follows:

    Chris Visser
    4001 204th St SW
    Lynnwood, WA. 98036
    (425) 551-1500
    chrisvisser@zumiez.com

    SITE CONTENTS

    WEBSITE DEVELOPER

    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.

    USER CONTENT

    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:

    • violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
    • uses technology or other means to access the Site that is not authorized by Zumiez (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Site contents).
    • involves accessing the Site through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Site and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).
    • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
    • attempts to damage, disable, overburden, impair, or gain unauthorized access to the Site, including Zumiez' servers, computer network, or user accounts.
    • attempts to collect personally identifiable information in violation of Zumiez' Privacy Policy
    • encourages conduct that would constitute a criminal offense or give rise to civil liability.
    • violates these Terms
    • interferes with any other party's use and enjoyment of the Site.

    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 help@zumiez.com.

    SHOPPING

    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.

    ORDER ACCEPTANCE

    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.

    COLOR

    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.

    PRIVACY

    Zumiez agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors. View Zumiez' Privacy Policy

    INDEMNIFICATION

    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.

    CHOICE OF LAW AND DISPUTE RESOLUTION

    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.

    MISCELLANEOUS

    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.

    TERMINATION

    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
    Updated 7/1/13

    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:

    • Privacy
    • Copyright

    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.

    2. Changes.

    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.

    3. Eligibility.

    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.

    4. Registration.

    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.

    5. Privacy.

    CrowdTwist's current Privacy Policy is available at http://thestash.zumiez.com/public/privacy. CrowdTwist will not edit, delete or disclose the contents of a User's data in connection with the Service unless (a) reasonably necessary to perform the Service, (b) authorized by the User, (c) otherwise permitted under the Privacy Policy or (d) CrowdTwist reasonably believes that such action is necessary to (i) conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, (ii) protect or defend the rights or property of CrowdTwist or any User or (iii) enforce the Terms of Service or any Other Agreement.

    CrowdTwist will use Member's social networking account information only as permitted under the Privacy Policy and for the purpose of providing the Service (as it concerns the applicable Client and Program) to Member, and will not otherwise attempt to obtain information from (or post information using) such accounts.

    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:

    • Points have no "real world" or cash value.
    • Points have no purpose or use except in exchange for benefits or privileges (if any) offered by CrowdTwist via the Service.
    • Redemption offers may be time-limited or available only in limited quantities.
    • Points may only be used at the Program to which they apply and, therefore, cannot be redeemed at or transferred to Member's account at any other Program.
    • Member's Points cannot be redeemed by, or sold or otherwise transferred to, any other Member of this Program.
    • Upon termination of Member's registration for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by Member.
    • CrowdTwist's ability to accurately credit Points to Member's account based on Member's activities at social networking sites may be restricted by the terms, conditions or functions of such sites.
    • Points are not valid unless earned in strict 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.
    • CrowdTwist's good faith determination of the amount of Points available to any Member hereunder shall be final and binding.

    7. Fees.

    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.

    8. Forums.

    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:

    • is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Service or any Other Agreement;
    • infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
    • reveals any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
    • imposes an unreasonable or disproportionately large load on CrowdTwist's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of CrowdTwist, Client or any third party;
    • creates Member accounts by any automated means or under false or misleading pretenses;
    • harvests, scrapes or collects any information from the Program;
    • disguises the source of User Content posted by User; or
    • impersonates any person or entity, including any employee or representative of CrowdTwist, the Client or other Program Affiliate.

    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.

    10. Content.

    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.

    IMPORTANT:

    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:

    • grants and agrees to grant to CrowdTwist and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Program and Service (including without limitation, being exported under content sharing arrangements with other websites); and
    • represents and warrants that all User Content includes appropriate attribution to the copyright owner; and
    • represents and warrants to CrowdTwist that User owns or otherwise controls all rights to such User Content and that public disclosure and use of the User Content by CrowdTwist (including without limitation, publishing content at the Program) will not infringe or violate the rights of any third party; and
    • acknowledges and agrees that the User Content is intended to and will be made available to, and used by CrowdTwist and other Users.

    IMPORTANT:

    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.

    15. Termination.

    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 opt-out@crowdtwist.com 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.

    18. Indemnification.

    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.

    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).

    CrowdTwist, Inc.
    110 East 23rd Street
    7th Floor
    New York, NY 10010
    Attn: Customer Support Email: info@crowdtwist.com

  • Inventory Availability

    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.

    Payment Review

    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.

    Return Policy

    • All returns (refunds or exchanges) must be accompanied by the original receipt and may be returned to any Zumiez location within the same country they were purchased.
    • All returns (refunds or exchanges) must be accompanied by the original receipt and may be returned to any Zumiez location within the same country they were purchased.
    • All merchandise (including all skate & snowboard related items) must be returned in its original, unused, packaged & resalable condition, except for manufacturer defects.
    • All merchandise returned after 30 days from the original date of purchase will receive a gift card for the full purchase price on the receipt.
    • After 90 days, all merchandise returned will receive a gift card credit for current retail or lowest promotional price.
    • All snowboard related merchandise must be returned or exchanged within 30 days from the original date of purchase, after which all sales are final.
    • Refer to manufacturer warranty for all defective merchandise.
    • All returns (refunds or exchanges) without a receipt will receive a gift card credit for current retail or lowest promotional price.

    Refunds are processed to the original form of payment, except in the following circumstances:

    • ATM and Debit card purchases may receive cash refunds in-store only.
    • Credit Card refunds may only be credited to the original credit card. If the original credit card is not an option, a gift card will be provided.
    • PayPal purchases returned in-store can only be refunded by gift card, for a refund to your PayPal account please mail your order to the Returns Center.
    • In-store purchases mailed to the returns center can only be refunded by gift card, if you would like credit in the original form of payment please bring your return to a Zumiez store.
    • Gift card refunds greater than $10 can only be refunded by gift card.

    International Order Policy

    • All orders are subject to verification prior to processing and shipping.
    • We are required to complete a customs declaration with the retail value of the item(s) purchased, Zumiez cannot legally declare your order as a gift.
    • Our current available shipping method is DHL Express Worldwide, this can change at any time.
    • All prices are in US dollars.
    • Selected product is not available to ship outside of the United States. Items we cannot ship internationally are Burton (Hardgoods), Anon, RED Helmets, Volcom, all Oakley Goggles and Oakley Sunglasses, all snowboards, boots and bindings except for Aperture and Alibi, Levi's, Nixon Watches, G-Shock Watches and Headphones. Additionally we do not ship products manufactured primarily of wood to Mexico at this time, which includes most of our skate decks. Orders of these products will be canceled in our system.
    • Some inventory on our site is held in our U.S. Zumiez stores, which are not able to ship internationally. If your order includes an item only available in a store we will send you an email notification.
    • We ship to international residential addresses only; we do not ship to businesses, hotels, motels or resorts outside of the U.S.
    • The customer assumes the cost of any return shipping for refunds or exchanges.
    • During the order verification step we may contact you by email to request additional information. If we do not receive a response within 3 business days after our attempted contact, that order will be canceled.
    • International customers must pay applicable sales tax, duties and customs charges which are determined by your local government and vary by country. Duties, taxes and/or customs fees will be an additional amount collected upon delivery of your order. We are unable to provide you with the exact amount of the charges. Your order confirmation details only the amount collected by Zumiez.com, please contact your local government for specific details. By completing your order you agree to pay all applicable fees. If you refuse or return your order no international shipping charges or fees paid to local government can be refunded.

    Gift Card Policies

    • Zumiez Gift Cards are not redeemable for cash, except where required by law. When redeemed at a Zumiez retail store, gift cards with a balance of $10 or less will be cashed out upon request.
    • A minimum of $10 must be placed on a gift card.
    • Lost, stolen, or damaged gift cards may be canceled and replaced with a new gift card upon proof of purchase, as required by Zumiez, and in the amount of the balance remaining when canceled or replaced.
    • Any purchase over $10 made with a gift card will be refunded to a gift card only.
    • Only physical Zumiez gift cards are reloadable, e gift cards may not be reloaded.
    • You can combine multiple gift card balances together at Zumiez.com, a Zumiez store location or by contacting Zumiez Customer Care at 877-828-6929. Please have the gift card numbers and security codes available.
    • Gift cards are eligible for use in the country where they are purchased. i.e., Cards purchased in Canada may only be used in Zumiez Canada stores, and cards purchased online or in a U.S. store may only be used in the U.S. or online.
    • All e-gift card purchases are subject to order verification, please allow up to 24 hours for the verification process.