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Last Updated: March 12, 2021
1. INFORMATION COLLECTED
When you use our Sites, we collect your Personal Information and non-Personal Information. The types of information we collect from you depends on the Sites and the features you use on the Sites. “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements or the co-mingling of personal and non-Personal Information. The various types of information we collect from you may include:
- Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.
- Information Collected In-Store: We may collect your name, email address, mailing address, zip code, and preferences if you complete a form within the store. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.
- Account Information: We may collect your name, email address, mailing address, zip code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
- Information for Commercial Communications: We may collect your name, email address, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
- Information Relating to Inquiries: We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.
- Information for Promotions: We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
- Survey Information: We may collect your name, age, zip code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.
- Usage Information: We may collect usage information passively, while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: Site visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system. Additionally, like any online site or service, our mobile application automatically collects certain information such as your IP address, device information (e.g., the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL from which you access our application. You are not required to affirmatively submit any Personal Information to us in connection with the general use of our mobile application, unless you make a purchase through the application, in which case you must create an account.
- Information from Other Sources: We also may obtain, collect and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How To Access, Correct and Update Your Personal Information? California residents may also see the section entitled Your California Privacy Rights.)
2. COOKIES AND OTHER SESSION IDENTIFIERS
Adobe Analytics — We also use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: https://www.adobe.com/privacy/opt-out.html.
While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings on your browser (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.
3. HOW WE USE THE INFORMATION COLLECTED
We may use the information we collect as necessary and to fulfill your requests, including in the following ways:
Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.
Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.
Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.
Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.
4. HOW WE SHARE YOUR INFORMATION
We may share the information described in Section 1 above to the following categories of third parties in the following circumstances:
Order Fulfillment and Fraud Protection: If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.
Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information. We employ a vetting process to assess our partners’ data protection practices.
Third-Party Marketers, Partners, and other Third Parties: We may also share your Personal Information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your Personal Information for their own purposes, or further disclose your information to other third parties. If you prefer that we not share your Personal Information with these types of parties, please email us at email@example.com.
Legal Requirements: We may disclose your Personal Information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION
You can access, correct and/or update certain Personal Information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites. California residents may also refer to the section entitled Your California Privacy Rights.
6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE
We take commercially reasonable measures to ensure the security and confidentiality of your Personal Information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. If we learn of a data security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please notify us by e-mailing firstname.lastname@example.org.
7. YOUR CHOICES AND INDIVIDUAL RIGHTS
You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in Section 16 to update your contact information or to change your subscription preferences. In addition, you may:
Limit the Personal Information You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.
Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.
Opt Out of Marketing Emails and Texts: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.
Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
8. LINKING TO OR FROM ANOTHER WEBSITE
The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your Personal Information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.
9. HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.
10. INFORMATION COLLECTED FROM CHILDREN
11. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES
13. DISPUTES AND AGREEMENT TO ARBITRATE
- to the Company at: Boardriders, Inc., Attention: Legal Department, 5600 Argosy Circle, Building #100, Huntington Beach, CA 92649; and
- to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you.
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
14. CHOICE OF LAW
15. YOUR CALIFORNIA PRIVACY RIGHTS
After January 1, 2020, The California Consumer Privacy Act of 2018 (CCPA) grants residents of California certain rights pertaining to the Personal Information we may collect and share with third parties for a business purpose. These purposes may include: providing our products and services, maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, performing analytics and quality control, auditing transactions, researching and testing features and improvements, detecting and preventing fraud and security incidents, debugging or repairing technical errors, and marketing our products.
The categories of information we have collected from California residents in the past 12 months, the sources of that information, the business purpose for the collection of that information, and the third parties to whom we may disclose that information may include:
- Identifiers: We may collect your name, aliases, postal address, email address, online identifier, Internet Protocol address, account name, or other similar unique personal identifiers. We may collect this Personal Information directly from you, indirectly from you (e.g., from observing your actions on our website) or from third party service providers, such as a data analytics provider. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products or special offers, processing your orders, processing employment applications or processing documentation required for legal purposes. We may disclose this information to third parties, including, payment processors, providers of internet, marketing, and administrative services.
- Personal information categories listed in the California Customer Records statute (California Civil Code § 1798.80(E)): We may request credit card signatures, infer physical characteristics from information you provide regarding style selections and clothing or footwear sizes, and credit card or debit card number. We collect this information directly from you. The business purpose for which we may collect this information is to process your order. We disclose this information to payment processors.
- Commercial information: We may collect information pertaining to products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We may collect this information directly from you. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products, or special offers or to process your order. We may disclose this information to third parties, including, payment processors, and providers of delivery or marketing services.
- Internet or other similar network activity: We may collect information related to browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. We may collect this information indirectly from you (e.g., from observing your actions on our Site) or from third-party service providers, such as a data analytics provider. The business purpose for which we may collect this information includes providing targeted advertising and providing information about products or special offers. We may disclose this information to third parties, including, internet service providers, payment processors, and advertising networks.
- Geolocation data: We may collect information pertaining to location. We may collect this information directly from you. The business purposes for which we may collect this information includes responding to an inquiry, processing your order or to provide targeted advertising. We may disclose this information to third parties, including, internet service providers and advertising networks.
- Audio and visual information: We may collect video recordings made of customers while they are visiting our stores. These recordings are maintained in a deidentified, i.e., anonymized, form. We may collect this information directly from you. The business purpose for which we may collect this information includes providing customer service, for fraud prevention, and to protect our legal rights. We may disclose this information to third parties as needed to protect our rights and the rights and safety of our customers and employees.
- Inferences drawn from other personal data: We may collect profiles reflecting a person’s shopping preferences and behavior. We may collect this information indirectly from you (e.g., from observing your actions on our Site), and from third-party service providers, such as a data analytics provider. The business purposes for which we may collect this information include improving the online shopping experience for consumers. We may disclose this information to third parties, including advertising networks, in aggregated and/or deidentified, i.e., anonymized, form.
- Characteristics of protected classifications under California law: We may collect information for human resources requirements related to age, race, veterans status or gender. We may collect this information directly from you. The business purposes for which we may collect this information includes processing employment applications and maintaining employee records as required by law (for more information on our collection of this category of information, please visit the Boardriders Career website at www.boardriders.com/careers/). We may disclose this information to third parties, including providers of human resources administrative services.
If you are a California resident, the CCPA may grant you certain rights in connection with the Personal Information we collect, including:
- You have the right to know and request, no more than twice in a 12-month period, information about the categories of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold your Personal Information or disclosed your Personal Information for a business purpose, and, if so, the categories of Personal Information we sold or disclosed for a business purpose. You also have the right to request the specific pieces of Personal Information we have collected about you and the third parties to whom we may disclose Personal Information. We will endeavor to respond to a verified request within forty-five (45) days of its receipt. If more time is reasonably necessary to provide you with the information you request, we may take an additional forty-five (45) days to respond to your request, and will notify you in writing of the reason(s) an extension is required.
- You have the right to “opt out” of the sale of Personal Information (or, for consumers who are under 16 years old, the right not to have their Personal Information sold absent their, or their parent’s (for consumers ages 13-5), opt-in).
- You have the right to request that we delete your Personal Information. We may retain your Personal Information, however, pursuant to one or more exceptions provided by law.
- You have the right to non-discrimination. You have the right to receive equal service and pricing from a business, even after exercising your rights.
We verify your identity before completing your request for access or deletion, and, may ask for you to confirm data points we already have about you. Note, the right to opt-out does not need to be a verified request. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf.
16. CONTACTING US
Attention: Legal Department
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
Monday thru Friday 7am to 6pm (PST)
Effective Date: July 26, 2021
Please take a few minutes to review this Agreement carefully. By using the Sites, you agree to be bound by this Agreement. This Agreement applies to all users of the Sites, including users who view material, buy products, and/or register for accounts or programs on the Sites.
Please note the arbitration provision requires—except where and to the extent prohibited by law, which may include the province of Quebec—you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
2. WHO WE ARE
5. DISPUTES AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, which may include the province of Quebec, by using the Sites, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
To us at: Boardriders, Inc., Attention: Legal Department, 5600 Argosy Circle, Building #100, Huntington Beach, CA 92649
To you at: your last-used billing address or the billing and/or shipping address that you provide us.
You and we agree that this dispute resolution procedure is a condition that must be satisfied before initiating any other action or filing any claim against the other party. IF ANY DISPUTE (including any dispute between you and a third-party agent of Boardriders) CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of these terms are void or voidable.
6. INTELLECTUAL PROPERTY
Trademarks: Boardriders, Quiksilver, Billabong, Roxy, DC Shoes, RVCA, Element, Vonzipper, Honolua, Dot Dash, Kustom, and other trademarks, service marks, logos, trade names, trade dress, titles, and product names appearing on our Sites are trademarks or registered trademarks of Boardriders and its affiliates, subsidiaries, licensors and licensees (including DC Shoes, Inc.) in the United States and/or other countries. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark owned or controlled by us or any third party.
Copyright: All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of us or our third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of ours or any third party. The Sites and the information contained on the Sites are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Boardriders or its lawful successors and assigns. For usage permission, please contact us via email at email@example.com.
7. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
(1) Description of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Sites including the URL where the material is available or a copy of it;
(3) The name, address, daytime telephone number, and an email address of the person submitting the notice, so that we may contact you;
(4) A statement in “good faith belief” that the use of the work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that all of the information in the notification is accurate and, under penalty of perjury, that the signatory is the copyright owner or authorized to act on behalf of the copyright owner; and
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Sites is Boardriders’ Legal Compliance counsel, who can be reached as follows:
Attn: Legal Compliance
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
8. REGISTRATION FOR AN ACCOUNT
You do not have to register to view the Sites. However, you must be eligible and register for an account to access certain services or areas of the Sites, for example to become a member of the Boardriders Club. To register, you must create a user account, which requires you to provide your email address, mailing address including zip code, mobile number, birth date, and select a password. You must provide accurate, complete and updated registration information. You are solely responsible for all activity that occurs under your account, password or profile, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to use the Sites with your profile and/or account. You may not sell or transfer your profile or account. You must notify Boardriders immediately of any breach of security or unauthorized use of your account. We will not be responsible for any losses caused by any unauthorized use of your account.
Boardriders reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. Such suspension or cancellation of your account will mean that you may lose access to the Sites, your account details, and any Comments (defined below) or content therein. You may also terminate or discontinue your own account at any time by sending an email request to firstname.lastname@example.org.
9. RETURNS, REFUNDS, SHIPPING, AND ORDER CANCELLATIONS
Please see the applicable brand page for: Online and Phone Purchases Policy, our Shipping Methods and Timelines, and our Cancellations Policy. Or contact Customer Service at the number listed on the applicable brand’s Site page.
10. COMMENTS AND OTHER SUBMISSIONS
We welcome your comments and feedback about the Sites and our products. In some places the Sites enable you to upload, store, and send content such as sweepstakes and contest entries, photographs, images, product reviews, testimonials, suggestions, ideas, comments or other communications (collectively, “Comments”). When you send Comments to us, whether through the Sites, social media, email, phone, postal mail, or otherwise, you give to Boardriders permission to reproduce and use your Comments as follows: you grant to us and those we work with a license without restriction to use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, copy, host, store, publicly perform, and publicly display the Comments in any medium now known or later developed. You should not submit any Comments to us that you do not wish to license to us. Our license to your Comments is non-exclusive, meaning you may use the Comments for your own purposes or let others use your Comments for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your Comments. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Sites. Boardriders is under no obligation: (1) to maintain Comments in confidence; (2) to pay compensation for Comments; (3) to respond to Comments; or (4) to use Comments. You grant Boardriders the right to use the name you submit with your Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You agree to clearly and conspicuously disclose if you received compensation or other incentive of any kind, from any source, in exchange for posting Comments. You are solely responsible for any Comments you make and their accuracy. Boardriders takes no responsibility and assumes no liability for any Comments posted by you or any third party.
11. LICENSE AND SITE ACCESS
We grant you a personal, limited, revocable license to access and make personal use of the Sites but not to download (other than page caching) or modify any portion of the Sites. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Unless you have our prior express written consent, you may not: (1) reproduce, duplicate, copy, sell or otherwise use any portion of the Site for commercial purpose, (2) frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boardriders, DC Shoes and its affiliates, licensors or licensees, or (3) use meta tags or any other hidden text using our brand names or trademarks. Any unauthorized use will immediately terminate the license granted by us.
You are granted a limited, revocable right to create a hyperlink to the home page of the Sites so long as the link does not portray Boardriders or its brands, products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by us in our sole discretion. You may not use any of our logos or other proprietary graphic or trademark as part of the link without our express written permission. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by “deep linking,” or otherwise, without our prior written permission. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.
12. THIRD-PARTY SITES AND HYPERLINKS
The Sites may contain hyperlinks (“links”) to other websites not under the control of Boardriders or to co-branded websites operated by a third party. We provide such links for your reference and convenience only. Boardriders has no responsibility for these third-party websites nor does linking mean Boardriders endorses the website. If you use the links, you will leave our Sites and your activities will be governed by other terms and conditions and privacy practices. We strongly encourage you to make any investigation you feel necessary before proceeding with a transaction with any of these third-parties.
13. YOUR RESPONSIBILITIES
You are responsible for your use of the Sites and any use made using your account. By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including:
• attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures;
• sending unsolicited or unauthorized email, text, or other solicitation;
• interfering with, limiting, destroying, or disrupting the Sites, services connected to the Sites, or otherwise interfering with the technological operations or services of the Sites;
• violating, infringing or misappropriating other people’s intellectual property, privacy, publicity or other legal rights;
sharing or posting a Comment or information that is false, misleading, harmful to reputation, abusive, harassing, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
• spidering or harvesting or otherwise automatically collecting any information or data from the Sites;
• attempting to scrap or crawl any pages on the Sites;
• copying, deciphering, disassembling, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract any of the software or other underlying code used to provide the Sites;
• violating any law, regulation or order; or
• advocating, encouraging, or assisting anyone in doing any of the above.
14. TERMINATION OR RESTRICTION
We reserve the right, in our sole discretion, to terminate or restrict your access to the Sites, refuse service, or cancel orders.
15. RISK OF LOSS
All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Boardriders. Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier.
16. PRODUCT INFORMATION
We attempt to be accurate in describing our products and services on the Sites. We do not warrant that product and service descriptions or other content of the Sites are complete, reliable, current, or error-free.
We have made every effort to display and describe as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer's display of any color on the Sites will be accurate.
Most of our products displayed on the Sites are available in select retail stores in the United States and Canada while supplies last. In some cases, merchandise displayed for sale at the Sites may not be available in retail stores and may become unavailable at any time. Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. or Canadian Dollars.
17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITES ARE PROVIDED BY BOARDRIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOARDRIDERS MAKES NO REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, BOARDRIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL BOARDRIDERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO US THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. OTHER LEGAL PROVISIONS
We may discontinue, change, suspend, or cancel the contents, operation, or features of the Sites at any time for any reason, without notice.
We reserve the right to update and/or change the terms of this Agreement. This Agreement was last updated on the date indicated above. Your continued use of the Sites indicates your agreement with the then-current terms.
Our failure to enforce any provision of this Agreement or respond to a breach by you or other parties will not in any way prevent us from enforcing such right or provision or responding in the future. This Agreement may be assigned by us, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.
If any provision in this Agreement is invalid or unenforceable, that provision will be deemed superseded by a valid provision that matches the intent of the original provision and the remaining provisions will continue in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
All rights not expressly granted herein are hereby reserved to Boardriders.
19. CONTACT US
If you have any questions or concerns regarding the Sites or this Agreement, please contact us by email at email@example.com or write to us at the following address:
Attention: Legal Department
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
California Supply Chains Act
California Supply Chains Act Notice
At Boardriders, Inc., we are committed to conducting business in an ethical manner and expect our manufacturing partners to share this same commitment. Accordingly, we established a global ethical program in 2004 titled “QUEST” (Quiksilver Ethical Standards of Trade), to prevent abusive, exploitive, or illegal conditions in the workplace and prevent human trafficking and slavery. QUEST includes a Supplier Workplace Code of Conduct, and all agents, vendors and factories are required to participate in the QUEST program as a condition of doing business with our company.
Verification: Annually, we evaluate all of our direct manufacturing suppliers to verify that they are not at risk for violating anti-slavery and human trafficking laws. Our own internal QUEST team spearheads the verification process, using an internally developed assessment tool. We also rely on input from our independent factory auditors to assess these risks and vulnerabilities.
Supplier Audits: We monitor supplier behavior and compliance with QUEST through our independent contractor with unannounced audits and ongoing monitoring.
Certification: To ensure that our suppliers respect and enforce our QUEST standards, the commercial agreements governing our contractual relationship often stipulate that our suppliers must abide by our QUEST standards, or the contractual relationship is subject to termination. More specifically, we ask our suppliers to agree to provide workers with a safe and healthy work environment; allow workers freedom of association and collective bargaining; conduct business in compliance with applicable environmental, labor, and employment laws; refrain from corrupt practices; and protect against human trafficking and slavery. We also require our suppliers to certify that materials incorporated into our products comply with applicable laws, including those laws that relate to slavery and human trafficking in the country or countries in which they do business.
Internal Accountability: Non-compliance with our QUEST standards can result in a Corrective Action Plan, under which our employees and contractors are expected to follow a series of steps to correct their noncompliance in order for them to remain an active employee or contractor. Otherwise, they face termination. Throughout the assessment process, factory management is educated and assisted on any noncompliance issue encountered during the applicable audit.
Training: As part of our efforts to ensure compliance with our QUEST standards and prevent abusive, exploitive, or illegal conditions in the workplace, our QUEST department conducts ongoing internal employee and management training regarding our code and human rights concerns, including human trafficking and slavery associated with our supply chains. The training specifically covers mitigating risks of human trafficking and slavery within our company’s supply chains of products, and is mandatory for those company employees and management who have direct responsibility for supply chain management.
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Sponsorship / Partnership Request
Thank you for expressing your interest in becoming a sponsored athlete or influencer for Element. We value your passion and enthusiasm.
We always keep an eye out for talented individuals who represent our brand values and are making waves in their respective fields. Whether it be by winning awards and competitions, being showcased on social media, or appearing in videos, if you are excelling, our team of talent scouts will find you.