THESE TERMS AND CONDITIONS OF USE (THE "TERMS") SET FORTH THE TERMS ON WHICH
ZUMIEZ INC. DBA ZUMIEZ.COM (HEREINAFTER ZUMIEZ.COM) PROVIDES YOU ACCESS TO THIS
WEB SITE. YOU AGREE TO READ THE TERMS CAREFULLY BEFORE USING THE WEB SITE. BY
USING THE WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ABIDE BY
THE TERMS, INCLUDING ANY CHANGES OR MODIFICATIONS MADE BY ZUMIEZ.COM. AS
PERMITTED BELOW. IF AT ANY TIME YOU NO LONGER AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE USE OF THIS WEB SITE.
DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
ZUMIEZ INC. DBA ZUMIEZ.COM IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS
IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WITH RESPECT TO THIS SITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ZUMIEZ.COM. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, ZUMIEZ.COM 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 Web site are not offers to form a
contract but merely an advertisement for offers. Except as specifically stated
on this Web site, under no legal theory, tort, contract or otherwise shall
Zumiez.com 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 damages arising out of or in
connection with the use of or inability to use this site. This is a
comprehensive limitation of liability that applies to all damages of any kind,
including (without limitation) compensatory, direct, indirect or consequential
damages, loss of data, income or profit, loss of or damage to property and
claims of third parties. Zumiez.com 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 Web 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 Web Site ('Content') are the property of Zumiez Inc., its merchandise
suppliers, or its licensors. The overall design and appearance of this Web site
is the proprietary trade dress of Zumiez Inc.
The Content of this Site is for personal use only. Permission is granted to
electronically copy and to print in hard copy portions of this Web site for the
sole purpose of placing an order with Zumiez.com. 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 Web Site except
as expressly permitted by these terms and conditions. Doing so will violate
Zumiez Inc.'s copyright, trademark and other proprietary rights.
All Content on the Web Site is protected by United States Copyright Law,
Trademark Law and applicable international treaties and conventions governing
intellectual property law. Any and all Zumiez Inc. trademarks, logos, page
headers, custom graphics, button bars, service marks and trade names which
Zumiez.com uses in connection with the Web Site shall remain the exclusive
property of Zumiez.com. Nothing contained in the Terms shall be deemed to give
you any rights in or to any trademarks of Zumiez Inc. 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.com or its affiliates for any purpose,
including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, Zumiez.com 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.com 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.com 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.com, Zumiez Inc., Free World, and O-Three are registered trademarks in
the United States and other countries; Limelight and Empyre are pending
trademark registration. Zumiez Inc. and Zumiez.com trademarks may not be used
in connection with any product or service that is not identifiable as belonging
to Zumiez.com or Zumiez Inc., in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Zumiez.com.
Any rights not expressly granted herein are reserved.
SITE CONTENTS
LINKS TO THIRD PARTY SITES
The Zumiez.com Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Zumiez.com and Zumiez.com is 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.com is not responsible for webcasting or any other form of
transmission received from any Linked Site. Zumiez.com is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by Zumiez.com of the Linked Site or any association with its
operators.
CHAT ROOMS, ETC.
Although Zumiez.com may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards, and the like on the Site, Zumiez.com
is under no obligation to do so and assumes no responsibility or liability
arising from the content of any such locations nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity, danger,
or inaccuracy contained in any information contained within such locations on
the Site. You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane materials or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. Zumiez.com will fully cooperate
with any law enforcement authorities or court order requesting or directing
Zumiez.com to disclose the identity of anyone posting any such information or
materials.
SHOPPING
Zumiez.com does not guarantee, warrant or endorse any product or service not
manufactured or performed by Zumiez Inc., nor do we have any liability or
responsibility for the quality or performance of any product or service not
manufactured or performed by Zumiez.com or Zumiez Inc.. You hereby agree to
supervise usage by, and be responsible for the actions of, any minors who use
your computer and/or registration account to access Zumiez.com.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance
of an order or a confirmation of an offer to sell. Zumiez.com reserves the
right, without prior notification, to limit the order quantity on any item
and/or refuse service to any customer. Verification of information may be
required prior to the acceptance of any order.
COLOR
We have made every effort to display as accurately as possible the colors of
the advertised products that appear at the Site. However, the actual colors you
see will depend on your monitor. We cannot guarantee that your monitor will
display any color accurately.
PRIVACY
Zumiez.com agrees to adhere to all applicable United States federal and state
laws, statutes, and regulations relating to the collection and use of personal
information from Web Site visitors. Zumiez.com's Privacy Policy is available
here
INDEMNIFICATION
You agree to defend, indemnify and hold Zumiez.com and Zumiez Inc. harmless and
against any and all claims, damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the
State of Washington, U.S.A., without regard to conflict of laws provisions. You
hereby consent to the exclusive jurisdiction and venue of courts in Snohomish
County, Washington, U.S.A. in all disputes arising out of or relating to the
use of the Zumiez.com Web Site. Use of the Zumiez.com Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Zumiez.com as a result of this agreement or use of the Zumiez.com Web
Site. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and Zumiez.com with respect to the Web Sites and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Zumiez.com with respect to the Web Sites.
A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by no longer accessing this Site and destroying all
materials obtained from the Site. Zumiez.com reserves the right, in its sole
discretion, to terminate these terms at any time, without notice, and
accordingly deny you access to the Site, if you fail to comply with any term or
provision. Upon termination, you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies of such materials.
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