US GLOBAL WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND TOGETHER WITH OUR Privacy Policy AND RETURN POLICY Return Policy FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SERVICES (AS DEFINED BELOW).
ACCEPTANCE OF TERMS
These Website Terms, which include our Privacy Policy and Return Policy Return Policy (“Terms”) state the terms and conditions under which you may access and use our website, mobile or other application, feature, widget or other online service that is owned or controlled by Company, its subsidiaries and/or affiliated companies that post a link to these Terms (the “Website”) as well as to any purchase or sale of products through our Websites and your interactions with us in any associated electronic, digital or in-person services or other types of services, products and programs (“Interactions”)(Website and Interactions are collectively “Services”). THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER, WHICH ARE SET FORTH BELOW. By accessing, browsing and/or using the Services you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not accept these Terms (and therefore do not agree to be bound by these Terms), do not use any of the Services.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site
We reserve the right, in our sole discretion and without notice to you, to amend these Terms at any time. When we make changes, we will post them here. You should therefore check this page regularly because to the extent consistent with applicable law, your use of our Services following any such change constitutes your agreement to follow and be bound by the Terms as changed.
INTELLECTUAL PROPERTY RIGHTS
Except where otherwise noted, all material, content, data, reviews, feedback, Submissions (as defined in Section 5 below) and any other information in the Services, including all design, organization and all database rights therein, are owned by Company or by entities or individuals other than Company and are legally protected under intellectual property laws (“Content”). You may not copy or use any Content in any way unless prior written consent is obtained from Company or the owner or in accordance with the rights granted in the Acceptable Use section below. The product names and trademarks on the Website are the registered and/or unregistered marks of Company or its licensors (“Trademarks”). You may not use any of the Trademarks other than as expressly provided in the Acceptable Use section below.
COPYRIGHT COMPLAINTS
We respect the rights of the intellectual property of others, and we ask users of our Services to do the same. We may, in appropriate circumstances and in our discretion, take steps to disable and/or terminate access to any of our Services whom we believe have infringed intellectual property rights. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information (or any statement in conformance with the DMCA) to us at the Copyright Contact information provided below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Contact:
WWW.BILLABONG.COM
Phone: 844-790-2278
Email: customerservice@billabong.com
ACCEPTABLE USE
We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use to: (a) access and use the Content and our Services; (b) access, use, download, distribute and reproduce in electronic or hardcopy form Content that is expressly authorized for such purposes, and (c) to reproduce certain of our Trademarks that are expressly authorized for reproduction on our Website.
You represent, warrant and agree that you will not use any of the Content or Services or any other materials for any purpose or in any manner that is prohibited by these Terms or by applicable law. Without limitation, you may not do the following: (a) send unsolicited commercial email to the email addresses provided on the Website; (b) post or transmit to or from the Website any unlawful, defamatory, obscene or other information or material that would violate any applicable law or violate or infringe upon the rights of any other person; (c) disrupt, interfere or attempt to disrupt or interfere with the proper functioning of the Services in any way, (d) post or transmit any viruses, worms or other disruptive technologies into the Services, (e) engage in unauthorized "scraping," or harvesting of content, or use any other unauthorized automated or other means to compile content or information; (f) take any action that compromises the security or functionality of the Websites, (g) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website; or (h) frame, mirror or display the contents of any part of any website within any materials not originated by Company.
USER-PROVIDED CONTENT AND SUBMISSIONS
We welcome your feedback and suggestions about how to improve our Services and well as any other materials or content that you may provide to us. We have no obligation to accept or use any such materials or content nor do we have any obligation to keep it confidential. You shall retain ownership of any ideas, suggestions, information, reviews, feedback, know-how, photographs, videos, images, materials or any other material or content that you provide to us (“Submissions”) and all Submissions shall be deemed to include a royalty-free, perpetual, irrevocable worldwide nonexclusive right and license for Company and each user of our Services to access, use, publish, reproduce, disseminate, transmit, distribute, copy, create derivative works of, display (in whole or in part) and otherwise exploit the Submission without additional approval or consideration, in any form, media or technology now existing or later developed for the full term of any rights that may exist to the contrary, and you hereby waive all claims to the contrary. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third-party.
You represent and warrant that you have all rights to use such Submissions and to grant us the rights herein, and that all such Submissions comply with the provisions of these Terms and all applicable laws. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful or objectionable or that violates any party’s intellectual property or these Terms.
YOUR ACCOUNT
Some features that may be available on this Website require registration or use of a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for any and all statements made, and all acts and omissions that occur through the use of your account or password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Company immediately. Company may assume that any communications we receive under your password have been made by you unless we receive notice stating otherwise.
THIRD PARTY INFORMATION AND LINKS TO OTHER SITES
Our Website may contain links to other resources and sites on the internet. Company has no control over such sites or resources and the content and use of these linked sites are the sole responsibility of such sites. In the event that you purchase or access products and services though our Services that are provided by third parties, such third parties are solely responsible for the quality and delivery of their products and services and Company has no control over the quality or timing of delivery. Company provides such links for convenience only and does not endorse any product or service linked to or referenced in our website. If you choose to access a third-party website linked or listed on any of our Website or order any products or services from such third party, you do so entirely at your own risk.
Our Website may also contain information provided by third parties, including Submissions from other users. Such information does not necessarily represent the opinion of Company.
You may freely link to our homepage on our Website or a specific product page, although we reserve the right to rescind our consent to any such in our sole discretion, and to take any legal action we deem appropriate.
Company reserves the right to take such action as it deems appropriate to enforce its rights under these Terms. Violations of system or network security may result in civil or criminal liability. Company may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
Mobile/SMS Terms of Service
If you have opted in, Company provides alerts, information, promotions, specials, and other marketing offers via text messages through your wireless provider to the mobile number you provided. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. Messages may be sent using an automatic telephone dialing system and using SMS technology.
By signing up for text/SMS, you agree to receive recurring special offers and marketing text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You must be the mobile account holder and at least 18 years of age or have a parent or guardian's permission in order to participate.
Consent to receive text messages is not required as a condition of any purchase. Text STOP to 87932 to cancel at any time. You’ll receive a one-time opt-out text message. For more information, text HELP to 87932 or call 844-790-2278 (TTY Support Available). Some operators may not support some services at the process offered. Pre-paid users may not be able to participate. Please check with your mobile operator.
If you have subscribed to other Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, that you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
For Service support or assistance, call 844-790-2278 or email customerservice@billabong.com.
PRICING
If you are a resident of the United States, prices displayed on the Website are quoted in U.S. currency and are valid and effective only in the United States. If you are a resident of Canada, prices on the Website are quoted in both United States currency as well as Canadian currency, the latter of which is valid and effective only in Canada. Prices are subject to change at any time without notice. If you are a Canadian resident, please see our Supplemental Canadian Terms of Use.
MERCHANDISE AVAILABILITY
Availability of merchandise may vary on our Website, and some items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display. Display of an item on our Website is not a guarantee that the item is currently in stock or that it will be available on our Website when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Website or if you have any questions concerning the availability of a particular item, please contact us at customerservice@billabong.com. We will make every effort to fulfill your requests whenever possible.
MERCHANDISE DISPLAY
We make every reasonable effort to display our merchandise on the Website as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor or device screen, may significantly affect what you actually see. We are not responsible for the display of any color, texture or detail of our merchandise on your computer or device and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item you purchase from us, you may return or exchange it in accordance with our Return Policy.
INFORMATION ACCURACY
We will use reasonable efforts to include accurate and current information on the Website, but there may be occasions when information on the Website contains typographical errors, inaccuracies or omissions that may relate to product descriptions, color, texture, details, pricing, availability and other matters. We reserve the right to correct any errors and to update Website information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are dissatisfied with your online purchase from the Website, you may return or exchange it in accordance with our Return Policy located here.
ORDERS
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We may also require additional verifications or information before accepting any order.
Some orders may arrive in more than one shipment. In addition, some orders may have missing items compared to your original order or what is stated in the shipping documents, which are known as short shipments. Please inspect all packages carefully and compare the contents with the packing slip. If an item is missing, please notify us in accordance with our Return Policy located here.
We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If all or part of your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
We do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Your privacy is important to us. Our use of your information is governed by our Privacy Policy, which is subject to these Terms. Please read it carefully since it describes how we collect and use information we obtain from you.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN OUR RETURNS AND EXCHANGE POLICY WITH RESPECT TO GOODS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ANY SERVICES PROVIDED THROUGH THE WEBSITE, AND ALL GOODS OFFERED OR SOLD ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE, ANY SERVICES, OR ANY GOODS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, GOODS, OR ANY RELATED SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
ASSUMPTION OF RISK
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, ANY SERVICES, AND ANY GOODS, AND ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE, IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE WEBSITE, ANY SERVICES, ANY GOODS, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY PARTIES EXCEED THE AMOUNT PAID BY YOU FOR THE GOODS OR SERVICES GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE FEDERAL OR STATE CONSUMER PROTECTION LAWS.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any third-party claims, demands, actions, or proceedings, and all related losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to (a) your use of the Website or any Services; (b) your purchase, use, misuse, resale, or distribution of any goods, except to the extent such claim arises from (i) a defect in any goods you purchase from us, (ii) the Company Parties’ breach of applicable law, or (iii) your exercise of rights under our Returns and Exchange Policy; (c) your Content or Submissions; (d) your violation of these Terms; or (e) your violation of any applicable law or the rights of a third party. This indemnification obligation does not apply to claims arising solely from the Company Parties’ gross negligence, willful misconduct, or violation of applicable law, and does not limit any refund, return, or exchange rights you may have under our Returns and Exchange Policy or applicable consumer protection laws. We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to reasonably cooperate with us in the defense of such claim. You may not settle any indemnified claim without our prior written consent.
CLASS-ACTION WAIVER / JURY TRIAL WAIVER
Any legal dispute between you and Company concerning or arising out of these Terms and/or your use of the Services or Content or any products or services sold or distributed through the Website, your participation in any program or service provided by Company, or any other dispute of any nature, shall be resolved on an individual basis in court or small claims court only. However, either you or Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
All lawsuits shall proceed on an individual basis. The judge is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Company also agree that each may bring claims against the other in court only in your or their respective individual capacities and in so doing you and Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed.
In addition, you agree that legal remedies may not be sufficient to make us whole with respect to our intellectual property rights, and the foregoing requirements do not restrict us from seeking equitable relief to protect these rights in addition to any legal remedies we may seek.
GOVERNING LAW
These Terms and the relationship between you and Company shall be governed by the law of the State of Delaware and the laws of the United States without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Subject to the requirements of the preceding paragraph (Arbitration), all claims shall be heard exclusively in the state or federal courts of Delaware and the United States, respectively, sitting in Wilmington, Delaware, United States. You and Company waive any objection to venue in any such courts. Any cause of action you may have with respect to the Services or Content or these Terms must be commenced within one (1) year after the claim or cause of action arose.
TERMINATION
We reserve the right in our sole discretion to terminate or restrict your access to and use of the Content, Submission, Website, or any part of the Website, without notice and for any and all reasons, and without any liability whatsoever to you or any third party. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Website. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded from any Website, as well as copies of such materials, whether made under the terms of these Terms or otherwise. If you are terminated from using the Services, you will remain personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
USE OUTSIDE OF UNITED STATES
Our Website and Services are intended for use in the United States and Canada. If you are a Canadian resident, please see our Supplemental Canadian Terms of Use for more information. If you access our Website, use any of our Services, or purchase any products from any other jurisdiction outside of the United States or Canada, you do so entirely at your own risk.
WAIVER
In the event that any portion of the Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms shall remain in full force and effect. No waiver of any term of our Terms shall be deemed a continuing waiver of such term or any other term. The failure of Company to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
WAIVER
These Terms, together with our Privacy Policy and Return Policy which are incorporated by reference, constitute the entire agreement between you and Company and your use of our Website and supersede any prior understanding or agreements (written or oral).
CONTACT INFORMATION
If you have any questions, comments, or concerns regarding these Terms of Use or the Services, please contact us using the information below:
Company: O5 BILL, LLC/WWW.BILLABONG.COM
Email: customerservice@billabong.com
Phone: 844-790-2278