Policies & Terms

  • Summary

    ZUMIEZ CUSTOMER PRIVACY POLICY

    Updated October 6, 2016

    This privacy policy describes the personal information and other information of yours that Zumiez Canada Holdings Inc. and Zumiez Inc. (collectively “Zumiez”, “we”, “us” or “our”) may collect in connection with your use of our Canadian websites and mobile applications, and other interactions with us in Canada, and how this information may be used and shared. It also discusses the options that you may have for how we can use and share your personal information.

    Categories of Information We Collect

    Personal information (or "PI") means information that personally identifies you, or that could reasonably be used to identify you. The categories of PI that we may collect from you include:

    Contact PI such as name, postal or email address, or phone number. For example, we'll ask for: an address if you order a newsletter or catalog or join TheZumiezStash; a phone number to notify contest winners or to help authenticate you; your cell number if you sign up for SMS alerts; and your gender to help us anticipate your shopping needs or to make suggestions.

    Registration & Account PI such as PI you provide, or that we otherwise collect, when open an account with us. Such PI includes things like your name, email, postal address, telephone, fax, order history, and birthday. You may also provide additional PI if you choose to personalize your account, for example, by adding items to a wish list.

    Transactional PI for all purchases & returns. This includes things like credit, debit or gift card data, postal & email addresses, phone & fax numbers, IP or device addresses or identifiers, and other related information such as receipts, confirmations, shipping, billing, adjustments, loyalty programs and so on. This PI can be about you or others (such as a gift recipient's data).

    Activity or Qualification PI includes supplying PI to meet an age or experience limit, or indicating your likes or dislikes by clicking a "thumbs up/down" type of icon. Please note that if one of your activities is posting PI in publicly available areas (with us or with others), that information becomes public. So please think before you post (because anyone may be able to see or copy it).

    PI you give us that we didn't request, such as PI that you voluntarily put into a message to us or that happens to be in a picture or video that you provide to us.

    Community PI, such as PI that you post in areas of our websites or applications, or in interactive areas or communities that we or others maintain, such as social media sites, when the information you post is accessible to other users or the public (for example, posting a product review or creating a tag).

    PI about others could include things like a picture you submit to us containing an image of a friend, or a friend’s contact information if you use a find a friend or refer a friend feature. Please don't submit PI about somebody else unless they've said okay and you've obtained their consent to this privacy policy (or unless you're otherwise authorized to provide their consent to it).

    Sensitive Data: This may consist of what you consider sensitive PI, such as financial related information, certain geo-location data or other stored information such as contacts, photos, and videos.

    Event PI such as a name badge or other attendance data. Event information varies with the event, but could include things like your hometown or emergency contact information.

    Promotional PI & Surveys. This is PI such as information relating to a survey or poll, contest, sweepstake, or other activity or promotion sponsored or presented by us alone or with others. This PI varies, but tends to include things like name, gender, email, postal code, birthday and mailing address (e.g., if a prize or catalog will be shipped).


    We may also collect PI from other sources, such as:

    PI from our previous records such as PI you gave us for one activity that we use for another (e.g., re-using data from one transaction to pre-populate fields in a subsequent transaction to decrease ordering hassle).

    PI we obtain from public or other sources, to the extent permitted by law, such as from phone books, websites, mobile applications, and other information that others may have about you.

    Indirect Transactional PI. When directly collecting "Transactional PI" we also indirectly collect information that is used for things such as fraud prevention or for authentication (e.g., time, date, store location, items purchased).

    Indirect PI. If you participate in an event or visit one of our retail locations, PI such as your image may be captured on surveillance cameras, which we use for safety, security and fraud prevention purposes. If you deal with us (or those who help us) over the phone or in a "live" meeting we may record the conversation for quality, training and record keeping purposes.

    PI we may lawfully obtain from commercial providers of information such as a data broker, ad network, marketing participant and so on.

    Social Media PI. If you create or log into a Zumiez account using a social media platform, connect with us on social media, or use social media functionality that is imbedded into our Channels, the social media network usually shares some PI with us, in accordance with the social media network's privacy policy or other rules. You may be able to control the amount and type of PI that is shared by changing your privacy settings on the social media platform.

    How we use Cookies, Web Beacons, and other similar technologies

    When you visit one of our websites, such as zumiez.ca, zumiez.com, thezumiezstash.ca, or zumiezbestfootforward.com (these and any others we own or operate are referred to as a "Site"), use our mobile applications (“Apps”), such as our mobile application for TheZumiezStash, or interact with us at one of our stores or at an event (this and our Sites and our Apps are collectively referred as "Channels"), we may use different kinds of technologies to collect and process information, as described in more detail below. To find out more about your options with respect to these technologies, see the Your Opt-Out/In Options section below.

    Browsers: a "browser" is essentially an application (such as Chrome, Firefox or Safari) used to access and view websites by processing HTML, the code used to help you see text, links and other items.

    Cookies: "Cookies" are basically a small text file that we or others put on your access device so it can be used to help us serve you better by improving our website design, services, or promotions. They also recognize you (or your device) and may be used to deliver services or ads or otherwise collect some types of PI. There are several kinds of cookies, e.g., "session" cookies allow our Channels to collect information about what you do during a browsing session but are temporary and set to be deleted at the end of a session; "functional or persistent" cookies tend to last more than a session and are set to expire in a set number of days; and "performance" cookies are basically persistent cookies that collect data for managing performance and design issues. Some cookies operate with other technologies and there are more kinds of cookies. You may be able to set your browser to refuse cookies or to notify you before a cookie is set. If you choose to refuse cookies or other technologies (if they can be refused), some access to or functionalities of a Channel might not work properly or may be slower or unavailable.

    Tracking pixels or tags, web beacons, clear GIFs, API calls, SDKs, JavaScript and similar technologies are items that can function similarly to cookies or that otherwise assist tracking by collecting certain information about your interaction with our Channels (e.g., counting users who open an HTML-formatted email message, distinguishing visitors and counting pages they visit and authenticating them, etc.).

    Identifiers, including unique identifiers such as an IP address (basically, this is a number that is automatically assigned to a device such as a computer by your Internet Service Provider); a Media Access Control (or "MAC") address which basically is a hardware ID number that is part of a network card such as a Wi-Fi or Ethernet card and that identifies each device on a network, or other identifiers (e.g., Android ID, Apple IDFA, or other identifiers that might otherwise relate to you or devices you use, or identifiers that are used by ads, advertisers, networks, platforms or other third parties).

    Metadata. Digital items often have embedded data that you might or might not know about. For example, a digital picture might have a record of where and when you took it. Unless you remove such data, it would be an example of PI we may collect and use.

    What kind of Information do the technologies tend to collect?

    Using the technologies described above, we may collect:

    • Information such as browser type and version; access device type (e.g., phone, tablet, laptop or whatever); operating system; Internet Service Provider; IP address, MAC address and/or other unique device identifier(s); phone number; hardware/software types, authentication data, demographic data, search history, screen resolution, and other data that might create a unique "fingerprint" or the like of your device.

    • Domain name from which you came or a page, link, ad, website or source that referred you; time and date stamps; how long you stay and whether you are a return visitor; where and what you do in our Channel, including what's in your shopping cart and details of items purchased; clickstream data and clicks on particular items such as an ad; other acts you take and pages you view; account holder activities (e.g., if you have an account with TheZumiezStash, we track what you do to accumulate points); patterns (e.g., how often you come back to a Channel or features you tend to use) and so on.

    • General location data (e.g., country or postal code) or precise location data (e.g., an App of ours like our App for TheZumiezStash might ask if it's okay to collect exactly where you are).

    • Other types of information such as: user history on use of Apps; social media check-ins or other types of log in information at stores and/or events; coupon information, TheZumiezStash loyalty reward redemptions, etc.


    We use this information to improve your shopping experience (for example, by reducing the amount of information required at check out), to recognize you when you visit our Channels, to personalize your experience with us and the advertisements that we send to you or that you otherwise received, and to improve our Channels, our products and services and our business.

    We may engage third parties, such as advertising networks, to serve you with targeted advertising while you visit our Channels or those of third parties. These third parties may use cookies and other tracking technologies to track your behavior across our Channels and those of third parties so that they can serve you with targeted advertising based on your inferred interests. If you would like more information about this practice and to understand your choices, please see the Your Opt-Out/In Options section below.

    How We Use Your Personal Information

    We may use your PI to provide you products and services, notify you of product recalls or safety issues, to respond to your comments or questions, determine your satisfaction with our programs and service, to personalize your experiences and, if you ask us to, send you marketing communications and other information you have chosen to receive regarding our products, services, marketing or special events. We may also use push notification on our Apps. We may also use your PI for our everyday business purposes such as security, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance. For example, we may use PI:

    • To pre-populate a form for you such as populating address information at check out.

    • To receive, review and respond to a question or request from you, or to send you surveys and other communications.

    • To meet our obligations and enforce our rights, and to operate and improve our business, including maintaining business records, meeting legal, regulatory, self-regulatory and insurance requirements, and bringing and defending legal actions.

    • To exercise or preserve our legal rights, such as to attempt to protect or prevent harm (including economic harm) to us, our interests, property (of every nature, including intangible property rights) and business. Without undertaking any duty to do so, we may do the same for someone else such as any third party, including our affiliates or you.

    • For security, fraud prevention, authentication and verification purposes.

    • To respond to a domestic or foreign legal processes (e.g., a governmental or non-governmental subpoena or a warrant or production order).

    • To include you in relevant lists (like club or customer lists, newsletters, blogs, feeds, alerts or other communications).

    • To work with advertisers to place ads in our Channels, which may include "behavioral," "targeted," "cross site" and other types of advertising intended to be personalized to you or your device.

    • To make aggregate or de-identified data that does not identify you personally.

    • For other purposes with your consent or as permitted or required by law.

    How We Share Your Personal Information

    Affiliates. We may share information between Zumiez Canada Holdings Inc. and Zumiez Inc., and their respective subsidiaries and affiliates, as necessary for the proper management of the Zumiez business. This may include sharing PI for direct marketing, market research and analysis, to develop and advertise promotions, to provide customer service, to fulfill orders and other requests, and for administrative purposes.

    Business Transactions. We may disclose PI to third parties in connection with a proposed or actual business transaction, such as a merger or acquisition, reorganization, sale of all or part of our stock or assets, spinoff, bankruptcy, dissolution or anything else. Our successors and assigns may use your PI for the purposes described in this privacy policy.

    Service Providers. PI may be transferred to, or collected by, service providers (including affiliates acting in this capacity) for a variety of purposes such as credit card processing, shipping, authentication, email distribution, loyalty program management, market research, promotions management, call centre, information technology and data hosting or processing services. Some of these affiliates and service providers may be located outside of Canada, including in the United States, and your personal information may be collected, used, disclosed, stored and processed outside of Canada for the purposes described in this privacy policy. We take reasonable contractual or other measures to protect your personal information while processed or handled by these service providers. While your personal information is located outside Canada it will be subject to legal requirements in those foreign countries applicable to us, our affiliates and service providers, for example, lawful requirements to disclose personal information to government authorities in certain circumstances.

    Analytics Providers. An example is Google Analytics whose tracking cookies collect traffic data (e.g., data about where Site visitors come from, what they do, where they go, etc.). You may read Google's privacy policy at //www.google.com/policies/privacy/. It includes Google's instructions on how to block some cookies associated with Google services.

    Advertising Networks. We may use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, serve advertisements on our Sites, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on our Sites. Some of these third party service providers participate in the Network Advertising Initiative's Opt-Out Tool (//www.networkadvertising.org/choices/) and/or the Self-Regulatory Program for Online Behavior Advertising (//www.aboutads.info/choices/). You can learn more about these tools by clicking on the referenced links. Please note the following with respect to opting out:

    • The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete tracking technologies using the controls in your Web browser after opting out, you may have to opt out again to re-establish your opt-out preferences.

    • Opt-outs are "browser-specific." The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer 9, this choice will not affect the use of information collected by tracking technologies when you use Mozilla Firefox on the same Device. It also means that opting-out on one device will not affect the use of information by tracking technologies on other devices that you may use to access out Site.

    Other. We may disclose PI as necessary to exercise, enforce or preserve our rights, to meet legal, regulatory, self-regulatory and insurance requirements, for security, fraud prevention, authentication and verification purposes, and to respond to a domestic or foreign legal processes (e.g., a governmental or non-governmental subpoena or a warrant or production order). We may also disclose PI for other purposes with your consent or as permitted or required by law, including foreign laws applicable to us, our affiliates and service providers.

    How we protect your Personal Information

    The file containing your PI will be maintained on our servers (or those of our affiliates or service providers) and will be accessible to our authorized employees, representatives and agents who require access in connection with their job responsibilities. We use physical, electronic, and procedural safeguards to protect your PI from unauthorized access, use or disclosure. We use what we believe are commercially reasonable security measures to protect your PI that we possess or control. You also have a role in security, for example you are in charge of the security of any applicable password for a Channel and you control the access device you use (some of which devices can be insecure). An unfortunate reality of our digital age is that security measures are seldom infallible, accidents happen and individuals (including, but not limited to, employees, or service providers) might fail to follow policies or contracts. ACCORDINGLY, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION; WE PROVIDE THE SECURITY AS IS; AND WE DISCLAIM ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS. If applicable law imposes any non-disclaimable duty on us, you agree that the standard used to measure our compliance shall be intentional misconduct.

    Phishing attacks attempt to steal consumers' personal information and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social insurance numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL INSURANCE NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to us at [email protected] with the subject of "Privacy", and then immediately delete the fraudulent email from your computer or other device.

    Data Alteration

    You can review, update, deactivate or delete some of PI related to your account with zumiez.ca, zumiez.com or thezumiezstash.ca by: (1) going to the relevant Site, logging into your account and editing your profile; or (2) calling Customer Care Toll Free at 1-844-357-2424. You may also generally request access to or correction of your PI in our custody or control by writing to our Privacy Officer at our Privacy Policy Address below.

    You can and should update your contact information so that we can communicate with you effectively, especially mobile phone numbers as this information is needed so that we can stop sending messages to your old number or address.

    We may deny a request to correct or access data where permitted or required by applicable law. We may take reasonable steps to verify your identity before providing access or making any corrections. We will honor requests as required by law. We may do that by supplying a copy or access within the time required by law. Currently, we do not charge for responding to such requests, but reserve the right to do so.

    When PI is eligible for "deletion" or "removal," you agree that, unless otherwise expressly required by law, we need not actually remove or eliminate it but may instead curtail access to it until it is deleted or overwritten in accordance with our record retention policies. Please note that even if we remove PI or eliminate or restrict access to it, others who already have the PI will still have it and we do not agree to try and get them to delete it. If a law requires us to try to do that, you agree that we may satisfy such a law by sending the third party notice to delete it.

    Our Privacy Policy Address

    If you have questions or complaints regarding our privacy policy or our personal information handling practices, would like to request access to our correction of your PI in our custody or control, or would like to withdraw your consent to our collection, use or disclosure of PI, please contact our Privacy Officer at:

    Zumiez Privacy Policy
    4001 204th St SW
    Lynnwood, WA 98036
    1-844-357-2424
    [email protected]

    Links to Other Websites and Services

    Our Channels might link or have functionalities that lead to third parties. We provide linked sites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by us of the linked sites. Once you access the third party locations, you are subject to any privacy policies of those third parties. If you provide PI to them, you will be giving it to them and their respective privacy policies will apply. You agree, however, that if they provide PI back to us, we may apply this privacy policy to what we receive.


    Your Opt-Out/In Options

    Options Offered By Us. When we collect PI we may give you the option to opt-in or opt-out of marketing emails and text messages. You can also opt-out of our marketing messages by using the unsubscribe function provided in the message itself. Note that even if you opt-out (or do not opt-in), you will still receive other communications from us such as transactional emails and messages related to your questions, orders, updates about products or services you purchased and information about your account. You will also continue to receive communications relating to particular things you signed up for such as for a contest or at an event.

    You may withdraw your consent to our collection, use or disclosure at any time, subject to contractual and legal restrictions. For example, you can ask us not to share PI with our affiliates for direct marketing purposes by contacting us as described above. However, note that if you withdraw your consent for certain collections, uses or disclosures of PI, we may no longer be able to offer you certain products or services.

    Options Offered By Others; Third Parties on Our or Other Websites. Some browsers, devices, distribution platforms, or applications help you refuse to accept some technologies or allow you to create some privacy settings (for example, establishing a "Do Not Track" (DNT) signal to third parties; or being able to say yes or no to the collection of certain data). These technologies may or may not be successful. For example in the case of browsers, not all technologies are controlled by browsers; unique aspects of your browser or device might be recognizable even if you disable a technology; not all settings will necessarily last or be honored; and even if a setting is honored for one purpose data still may be collected for another. Also, you can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. To modify the push notifications you get from our Apps, you can alter your preferences in your profile.

    For all options, opting-out does not apply to PI that was collected before opting-out or to collections to which opting-out is not allowed by law, this privacy policy, a supplemental notice, our other terms and conditions or any other relevant arrangement we have with you (e.g., terms of a contest). If you opt-out and then do so something inconsistent with that opt-out (e.g., again use a Channel that collects the "opted-out" PI), we will assume you have changed your mind and may rely once again on all of your previous consents (subject to applicable law) or any new consents relating to your new actions.

    Some third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and similar third parties participate in the Network Advertising Initiative's Opt-Out Tool (//www.networkadvertising.org/choices/) and/or the Self-Regulatory Program for Online Behavior Advertising (//www.aboutads.info/choices/). You can learn more about these tools by clicking on the referenced links. Please note the following with respect to opting out:

    • The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete tracking technologies using the controls in your Web browser after opting out, you may have to opt out again to re-establish your opt-out preferences.

    • Opt-outs are "browser-specific." The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer 9, this choice will not affect the use of information collected by tracking technologies when you use Mozilla Firefox on the same Device. It also means that opting-out on one device will not affect the use of information by tracking technologies on other devices that you may use to access out Site.


    Children

    Our Channels are not intended to be used by children under the age of 13 and we do not intentionally collect PI from minors. If a child's parent or guardian believes their child may have provided PI to us, write us at our Privacy Policy Address and we will use commercially reasonable efforts to delete that PI, subject to applicable law and this privacy policy.


    What about amendments?

    We may amend this privacy policy from time to time. When the privacy policy changes, we will post the amended version and change the effective date listed at the beginning of privacy policy. Subject to applicable law, amendments will apply to PI that we already have and to PI obtained after amendment.


    Appendix

    "Aggregate Data" means information that we reasonably believe has been "de-identified" or "anonymized" such that (a) it is not PI, (b) it was PI but no longer is, or (c) it reasonably would only be viewed as PI by use of special knowledge or resources that we and others ordinarily don't have in the ordinary course of their business.

    "Common Uses" Another way to describe common uses of PI is to think of uses that should be apparent or relevant in context, i.e., given the circumstances, for what purposes might a business like Zumiez collect, use and otherwise disclose PI from time to time? For example, we make disclosures:

    • To meet our obligations and enforce our rights, to make disclosures to third parties who help us (e.g., service providers, information technology providers, mailing and other business process providers, outsourcing providers and so on), and to operate and improve our business;

    • For security, fraud prevention, authentication, verification purposes and so on, including (without limitation) searching public records or publicly available information (such as information on the Internet) and participating in industry or private initiatives (such as sharing data to help decrease fraud);

    • To communicate with you, such as responding to questions or requests or contacting you for lawful purposes, including surveys;

    • To vendors and their service providers needing data to do their jobs;

    • To deal with an activity or a contract, or to obtain additional PI from you or others. For example:
    ⁃ If we collect payment card information we will disclose it to third parties throughout the processing system (e.g., banks, networks, card organizations etc.) and to protect ourselves or others, including to law enforcement; and
    ⁃ We might try to follow up with you such as to help determine who you are or your authority, including doing things like checking records of ours or others, keeping copies, and making disclosures in disputes like, lawsuits or investigations.

    • To persons appearing to have a lawful interest in the PI (e.g., an insurance company dealing with a claim involving you);

    • To comply with applicable law, including keeping records for as long as required or that we believe is advisable;

    • For the kinds of purposes appearing in laws or regulations as exceptions to any privacy rights you may have or to your ability to "opt-out" of disclosures, even if those exceptions do not actually apply to us. An example is the Federal Trade Commission's regulation implementing privacy rules for financial institutions. It lists many typical reasons that those institutions may make disclosures or not offer an "opt-out" choice and you can see them at 16 C.F.R. § 313.14 and § 313.15;

    • To exercise or preserve our legal rights, such as to attempt to protect or prevent harm (including economic harm) to us, our interests, property (of every nature, including intangible property rights) and business. Without undertaking any duty to do so, we may do the same for someone else such as any third party, including our affiliates or you; and

    • To make additional disclosures that are consistent with the context or relationship of our transactions with you (or your principal) or that are required or allowed by law, regulation or other relevant guidance.

    "Extraordinary Uses" We may disclose PI in out-of-the-ordinary circumstances or emergencies, subject to applicable law. There is no clear line between ordinary and extraordinary purposes, but here are some examples of what we view as more in the nature of extraordinary:

    • We may disclose PI to third parties with whom we might explore or engage in an extraordinary transaction, such as (without limitation) mergers or acquisitions, reorganizations, sales of all or part of our stock or assets, spinoffs, bankruptcies, dissolutions or anything else. We reserve the right to continue to use and disclose for our own purposes, all PI that we had before we engaged in such a transaction until it is clear that there is no longer a business or legal reason to do so; and

    • We might hold PI until you or a related person cure a violation of obligations to us (e.g., if you are involved in a breach of a contract relating to us).

    "Legal Process" By "legal process" we mean things that we might have to do to comply with laws or what appears to be a law in the United States and other countries that that have or claim to have jurisdiction over us or information that we own, possess or control. Most countries have laws that allow governments or non-governments, including private persons in litigation, to use laws allowing them to obtain information. Examples include things like subpoenas (private, grand jury or other), warrants, identity theft requests, requests for information about an anonymous speaker, investigative demands (from law enforcement, regulators or others), national or international security letters or demands or the like, and so on. We may be required to comply and we reserve the right voluntarily to comply or cooperate with the requesting party, such as if we think that may help protect someone (including you, us or others) or some property (of ours, yours, or others). We also reserve the right to object to the legal process or to tell you about it so that you can object and obtain an appropriate order permitting us not to comply with the original request.

    Sometimes the law will preclude us from telling you about the legal process. In other circumstances we might be allowed to tell you but it might not be practical or advisable to do so. We will determine in our sole discretion whether to contact you (e.g., we might contact you to so that you can object as noted above, or we might not make contact if there is concern that such might facilitate potential harm). You agree that we may do any or all of the above.

    "Personal Information," "personal information" or "PI" means information we're required by law to protect and: (a) that personally identifies you, or (b) that does not personally identify you but reasonably may be used to identify you or your computer or other device that you use (e.g., mobile phone, tablet, automobile, "Google Glass" or other consumer or electronic product or device) and a law requires us to treat it as personally identifying you. PI does not include Aggregate Data or information that is publicly available, including in our Channels (e.g., if you include PI in a comment posted in a publicly accessible area of a Channel, that PI will become public information upon its posting and will cease to be PI).

    "Third Party Services" We use third party systems and services for a variety of purposes. Many of those types of third parties are mentioned in other explanations in this privacy policy and do things like managing credit card processing, shipping, authentication, email distribution, market research and promotions management and many other things. The third parties may have their own terms & conditions and privacy policies that may apply to you and that can include their sharing of data with other third parties (e.g., members of an ad network). Laws and contracts can regulate some of that sharing depending upon data type, e.g., the third party who does our credit card processing is not free to share that data other than for processing. Here are some examples of Third Party Services that we use (although this may change from time to time):

    • We use analytics providers. An example is Google Analytics whose tracking cookies collect traffic data (e.g., data about where Site visitors come from, what they do, where they go, etc.). According to the Google Analytics Terms of Service, Google does not want us to supply PI and we do not intend to do so. However, we do not make or control Google's technologies and information it already has or might obtain. Just in case data we send is or becomes PI, you should look at Google's privacy policy at //www.google.com/policies/privacy/. It includes Google's instructions on how to block some cookies associated with Google services.

    • We use service providers, for example, we currently use CrowdTwist to help us operate TheZumiezStash. To the extent relevant, specific terms and conditions and/or policies with respect to CrowdTwist’s privacy policy will be referenced in the terms of service for TheZumiezStash.

    "Social Networks" We use social networks websites, applications and services in various Channels such as "social plug-ins," "widgets" or other technologies that do various things (e.g. allow you to log-in via social media credentials or to express your "likes/dislikes" or "pin" something). When we use or you interact with social network technologies, we will receive (and you will allow) disclosures contemplated by the social network's privacy policy or other rules, including the network's "developer rules" (which are rules allowing us to use the social technology). Here are a few examples of social networks we use and links to some of their policies or rules:

    • Facebook (e.g., //www.facebook.com/full_data_use_policy & //www.facebook.com/help/www/443483272359009 & //developers.facebook.com/policy)

    • Google Plus (e.g., //support.google.com/plus/#topic=3049735) & //developers.google.com/terms/)

    Twitter

    • Wanelo (e.g., //wanelo.com/about/privacy & //wanelo.com/about/terms)

    • YouTube (e.g., //www.google.com/intl/en/policies/privacy/ & //www.youtube.com/t/terms)

    Instagram

    Snapchat

    Pinterest

    We would recommend that you not use social network technologies if you are not comfortable with their policies and rules.

  • Summary

    Updated October, 2016

    These terms and conditions of use (the "Terms of Use") set forth the terms on which Zumiez Canada Holdings Inc., and any of its respective affiliates or parent companies ("Zumiez") provides you access to this website (the "Site"). You should read the Terms of Use carefully before using the Site. By using the Site, you acknowledge that you have read and that you agree to abide by the Terms of Use and consent to the Privacy Policy available here. If at any time you no longer agree to be bound by these Terms of Use, 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.

    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 (the “Content”) are the property of Zumiez, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is proprietary to Zumiez.

    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' copyright, trademark and other proprietary rights.

    All Content on the Site is protected by Canadian 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 Canada 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 the Site, 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.

    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 personal information;
    • encourages conduct that would constitute a criminal offense or give rise to civil liability;
    • violates these Terms of Use; or
    • 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 commercial electronic message or unsolicited bulk communications. You understand that we may take any technical remedies to prevent spam or unsolicited commercial electronic messages, 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, hateful or offensive 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. If you post any User Content that includes personal information of another person, you represent that you have obtained the consent of the individual concerned to do so. You acknowledge that Zumiez does not guarantee any confidentiality with respect to any User Content. Zumiez reserves the right to remove any and all User Content at any time.

    Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Zumiez does not endorse any User Content, and User Content that is Posted does not reflect the opinions or policies of Zumiez. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Zumiez assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against Zumiez with respect to such User Content. To notify us of any inappropriate User Content, email [email protected].

    INDEMNIFICATION

    You agree to defend, indemnify and hold Zumiez harmless and against any and all claims, damages, costs and expenses, including legal fees on a solicitor and own client basis, arising from or related to your use of the Site.

  • Summary

    Updated October, 2016

    These Terms and Conditions of Purchase, the Terms and Conditions of Use of the www.zumiez.ca site (the “Site”) and the Privacy Policy (together, the “Terms of Purchase”) govern any order or purchase you make on the Site. The Terms of Purchase are an agreement between you and Zumiez Canada Holdings Inc. (“Zumiez”).

    PLEASE CAREFULLY READ THE FOLLOWING TERMS, THE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. BY INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF PURCHASE, YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH ZUMIEZ AND YOU AGREE TO BE BOUND BY THESE TERMS OF PURCHASE AND BY THE TERMS OF USE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.

    Acceptance of Orders

    Only residents of Canada who have reached the age of majority in their province or territory of residence may place orders through the Site. Product orders on the Site are available to be shipped within Canada only.

    Your order will be deemed to be accepted only if and when Zumiez sends a confirmation of the terms of your order to your email address and will be subject to these Terms of Purchase and the additional terms and conditions included in your order.

    Zumiez may limit quantities available for sale and Zumiez reserves the right at any time to reject or correct any order for any reason whatsoever. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.

    Shipment and Delivery

    Delivery is available within Canada only. The delivery date of your purchase depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process but Zumiez reserves the right to use a substitute carrier for your purchase at any time, at its discretion.

    Methods of Payment

    Zumiez accepts Visa, MasterCard, Discover, American Express, JCB, PayPal and Zumiez gift cards for payment on the Site. By submitting your payment by credit card, you authorize Zumiez to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and Zumiez will have no obligation to fulfill your order.

    Your account is not charged for your purchase until Zumiez ships your order. When your order is placed, Zumiez will contact your bank for authorization to approve the purchase. When that authorization is provided your bank will place a hold on those funds in the form of a temporary transaction called an “authorization hold” or “pending transaction”. These holds are applied by your bank and subject to their policies. When your order is shipped, Zumiez will process the actual charge to your account, also called a “settlement” or “funds capture”. If your order is shipped in multiple packages there will be a separate charge for each package. The total of all charges will not exceed the amount of the original transaction.

    Your order may be shipped from multiple locations, and each shipment will be a separate charge to your account, only for the amount of that shipment. Depending on how your bank processes and displays these transactions, it’s possible both the authorization hold and the actual charges will appear at the same time. Please allow 3-5 business days for your bank to process everything completely.

    Refunds and Returns

    All returns (refunds or exchanges) must be accompanied by the original receipt. All merchandise (including all skate and snowboard related items) must be returned in its original, unused, packaged and resalable condition, except in the case of returns 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.

    Refunds are processed to the original form of payment, except in the following circumstances: (i) Credit Card refunds may only be credited to the original credit card, and if the original credit card is not an option, a gift card will be provided; (ii) 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; and (iii) Gift card refunds greater than $10 can only be refunded by gift card.

    Promotion Offers and Contests

    Zumiez 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 and/or contest. 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.

    Colours

    Zumiez has 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. Zumiez cannot guarantee that your monitor will display any color accurately.

    Errors

    If Zumiez discovers that a product’s price, description or specifications are misstated or incorrect, Zumiez will endeavour to correct the error on the Site. If Zumiez makes an error with regard to your order, Zumiez may correct or cancel the order at any time, and/or edit the order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges).

    Disclaimers, Liability Exclusions/Limitations on Liability and Indemnity

    OTHER THAN FOR EXPRESS, STATUTORY OR IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMED OR EXCLUDED UNDER APPLICABLE LAW, PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.

    ZUMIEZ AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO ANY PURCHASE OR ATTEMPTED PURCHASE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY).

    Privacy

    Zumiez collects, uses and discloses personal information in accordance with its Privacy Policy, available at www.zumiez.ca/help/policies-terms. By accepting these Terms of Purchase, you consent to Zumiez’ collection, use and disclosure of personal information in accordance with this Privacy Policy as it then reads.

    Governing Law

    (Not applicable to Quebec consumers) These Terms of Purchase and all related matters are governed solely by the laws of the Province of Ontario, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein. Any dispute will be submitted to the courts of competent jurisdiction in the City of Toronto, Ontario, Canada, and you irrevocably attorn to the jurisdiction of these courts.

    General

    Zumiez may assign its rights and obligations under these Terms of Purchase without your consent. These Terms of Purchase enure to the benefit of Zumiez and its successors, assigns and related persons. You may not assign any rights or obligations that you have under these Terms of Purchase. If any provision of these Terms of Purchase is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of Purchase and the remaining provisions will continue in full force and effect. No consent or waiver by Zumiez of any breach or default in the performance of obligations under these Terms of Purchase will be construed as a waiver of any other breach or default nor be effective unless in writing and signed by the party granting this waivers. The parties have expressly requested the Terms and Conditions and all documents related thereto to be drafted in English. Les parties ont expressément requis que les présentes modalités et tous les documents y afférant soient rédigés en langue anglaise.

    Contact Information

    CUSTOMER CARE:
    Toll-Free
    (844) 357-2424

    Email
    [email protected]


    CUSTOMER SERVICE HOURS

    M-F 6:00AM - 7:00PM PST

    Sat. 8:00AM - 3:00PM PST

    During business hours, emails will be answered within 2-4 hours.


    MAILING ADRESS

    Zumiez, Inc.

    528 Annance Ct.

    Delta, BC V3M 6Y8


    PRODUCT RETURN ADDRESS

    Western Canada

    Zumiez at Coquitlam Centre

    2929 Barnet Highway STE 21232

    Coquitlam, BC, CA V3B 5R5


    Central Canada

    Zumiez at West Edmonton Mall

    8882 -170th St. STE 1163

    Edmonton, AB, CA T5T 4M2


    Eastern Canada

    Zumiez at Vaughan Mills

    1 Bass Pro Mills Drive STE 431A

    Vaughan, ON, CA L4K 5W4

  • Acceptance of Terms

    Updated 12/1/17

    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.

    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.

    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.

    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 postal 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 www.thezumiezstash.ca. 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.

    Privacy

    Client's current Privacy Policy is available at www.zumiez.ca/help/policies-terms. 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) Client or 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, Client, 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.

    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.

    Resellers of Client merchandise or customers who make bulk purchases are not eligible to earn Points or to participate in the Rewards Program. CrowdTwist and Client reserve the right to review account activity for purchase patterns that fall outside the intended use of the program. CrowdTwist and Client have sole discretion in the determination of whether an account holder or User’s purchase patterns meet the qualification for bulk purchasing or purchasing for the purpose of reselling. Points acquired in that account will be forfeited and the account may be suspended or terminated.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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 [email protected] 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.

    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.

    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.

    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.

    International Use

    CrowdTwist makes no representation that the Service is appropriate or legally available for use in locations outside the United States and Canada (excluding Quebec). Accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.

    Please note the Zumiez Stash is unable to ship to international PO boxes; U.S. PO boxes are ok.

    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.

    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.

    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.

    Copyright and Trademark Notices

    The Terms of Service and all content provided by CrowdTwist are copyright © 2009-2018 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.

    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 //thestash.zumiez.com/public/copyright (the Copyright Policy).

    CrowdTwist, Inc.
    110 East 23rd Street
    7th Floor
    New York, NY 10010
    Attn: Customer Support Email: [email protected]

  • 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.ca 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 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.
    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.
    • Gift cards are only valid when purchased through a Zumiez retail location or Zumiez.ca. Gift cards from 3rd party retailers may not be honored.
    • 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.ca, a Zumiez store location or by contacting Zumiez Customer Care at 844-357-2424. 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 stores or Zumiez.ca may only be used in Zumiez Canada stores or on Zumiez.ca, and cards purchased on zumiez.com or in a U.S. store may only be used in a U.S. store or on Zumiez.com.
    • All e-gift card purchases are subject to order verification, please allow up to 24 hours for the verification process.
    Promotion Policies

    At times we offer additional promotions on top of either full price or already marked down product. All discounts and promotions are applied at checkout, and any item with an additional promotion (such as “Buy One Get One Free”) will be marked with text on the individual item explaining the promotion that applies to the item. Promotion will be applied only to the items with this additional promotional messaging regardless of promotions messaged throughout the site or on any other product promotions offered by Zumiez.

    For Buy One Get One Free and Buy One Get One 50% Off, you must choose two (2) items marked with the applicable promotion text and the promotion will be applied to the lower priced item. Discount is taken off of the lower priced item and is taken off of last marked price. Items without promotional text will not be honored in a promotion. A promotion may be applied multiple times within the same checkout. The discount will be automatically calculated into the subtotal of your order.

    No price adjustments will be offered on product purchased prior to a promotion or markdown being applied.

    Promotions apply to select styles and brands. Exclusions may apply and promotions are subject to change. Promotions do not apply to these brands which are excluded from any additional promotions: Nike, G-Shock, and Ray Ban.