Policies & Terms

Shopping. 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. Zumiez does not guarantee, warrant or endorse any product or service not manufactured or performed by Zumiez, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Zumiez.

Orders and Acceptance. All orders are subject to these Terms, including the General Policies & Terms. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Zumiez reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Color. Zumiez has made every effort to display as accurately as possible the colors of the advertised products that appear on the Site. However, the actual colors you see will depend on your monitor. Zumiez cannot guarantee that your monitor will display any color accurately.

Promotional Offers, Contests, and Sweepstakes. Zumiez reserves the right to cancel any order due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Please read the General Policies & Terms and the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

Zumiez Account. Visitors to the Site (“Users”) may create and maintain a user account on the Zumiez web site(s) and/or applications (“Account”), subject to these Terms. All Account information is protected under our Privacy Policy.

Messaging. Zumiez may contact you via text messaging and email. Message and data rates may apply. For text messages, text HELP to 91404 for information, or contact help@vibes.com, or visit www.vibes.com/help, or call 877-571-0774. Text STOP to 91404 to opt out of receiving text messages.

A valid email address is required for email messages. All email messages that you receive MAY include a note from a sponsor or brand partner. You can manage your email preferences by clicking on the unsubscribe link within the received messages, or by emailing us at help@zumiez.com or by contacting us at 1-877-828-6929

Your Posts. Users of the Site and Social Networks, as defined in the Privacy Policy, (combined “Interactive Site”) may themselves, or permit Zumiez to, publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content").

User Content Use. Any User Content will be treated as non-confidential and non-proprietary. User Content may be used perpetually by Zumiez or its affiliates or sublicensees 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 User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By creating User Content, you grant Zumiez and its affiliates and sublicensees 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 User Content in an unlimited manner. You also grant Zumiez and its affiliates and sublicensees the right to use your name, persona and likeness included in any User Content and your Interactive Site handle, username, real name, profile picture and/or any other information associated with the User Content. You must be, or have first obtained permission from, the rightful owner of, and all person(s) appearing in, any User Content. You represent and warrant that you own the User Content; you also represent and warrant that 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 because of User Content use under these Terms. You hereby release, discharge and agree to hold Zumiez, and any person acting on its behalf, harmless from any liability related in any way for use of your User Content.

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 access or collect personally information in violation of Zumiez' Privacy Policy.

• encourages conduct that would constitute a criminal offense or give rise to civil liability.

• violates these Terms.

• interferes with any other party's use and enjoyment of the Site.

Prohibitions. You may not use the Site to harvest information about Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks and that attempting to circumvent or circumventing these technical remedies is a violation of these Terms.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, including User Content, 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.

Reporting and Removal. Despite these restrictions, please be aware that some material provided by Users may be objectionable, unlawful, inaccurate, or inappropriate. To notify us of any inappropriate User Content, email help@zumiez.com. Zumiez will remove User Content if we are properly notified and find that such User Content infringes these Terms or another person’s rights otherwise.

Zumiez does not endorse any User Content, and User Content does not reflect the opinions or policies of Zumiez. We act as a passive conduit for User Content and 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.

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

All Site Content is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all Zumiez trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Zumiez uses in connection with the Site shall remain the exclusive property of Zumiez. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of Zumiez. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Zumiez trademarks may not be used without the written permission of Zumiez and specifically should not be used in connection with any product or service that is not identifiable as belonging to Zumiez.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zumiez.

Site Content is only for personal and non-commercial use in evaluating and purchasing Zumiez products. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, or otherwise distribute or exploit any Site Content. Doing so will violate Zumiez' copyright, trademark and other proprietary rights.

Any rights not expressly granted herein are reserved.

Zumiez does not condone copyright infringement on its Site, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further information):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zumiez' designated Copyright Agent for notice of claims of copyright infringement on the Site is Chris Visser, who can be reached as follows:

Chris Visser
4001 204th St SW
Lynnwood, WA. 98036
(425) 551-1504
chrisvisser@zumiez.com

The Site may contain links to other non-Zumiez 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.

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. IN ADDITION, ZUMIEZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

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. 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. 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. 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.

You agree to defend, indemnify and hold Zumiez harmless against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, including your User Content.

The Terms shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws provisions. Any dispute or claim relating in any way to the Site, or products or services sold or distributed by Zumiez or through Zumiez.com, shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Chris Visser, c/o 4001 204th Street, SW., Lynnwood, WA 98036. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, in Seattle, WA, or at another mutually agreed location. We each agree that (1) any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action and (2) either of us may bring suit in court to enjoin intellectual property rights violations. If a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these terms. If you do not agree to Additional Terms, then you may not use the Site to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Site to which the Additional Terms apply.

The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may revise or supplement these terms. We will provide you with advance notice of material revisions to these Terms. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other Users of the Site. Your continued use of the Site after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about these Terms.

BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

If the Site are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Site is:

Zumiez Inc.
4001 204th St SW
Lynnwood, WA 98036
1-877-828-6929
help@zumiez.com

If the Site are deemed as electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” at the above address.

If you are not a United States resident and you are accessing our Site from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

Zumiez’ servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to Users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Site from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Site; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Zumiez or its affiliates to any registration requirement within such jurisdiction or country.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zumiez as a result of this agreement or use of the Site or Interactive Sites. 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 you and Zumiez with respect to the Site and Interactive Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Zumiez with respect to the Sites and Interactive Sites.

These Terms are effective until terminated by either party; with the exception of the User Content Use, Limitation of Liability, Indemnification, and Choice of Law and Dispute Resolution provisions, which shall survive termination. You may terminate your agreement with Zumiez at any time by no longer accessing this Site and destroying all materials obtained from the Site. Zumiez reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these 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.

If you have a question about the Site, please contact Zumiez via email at help@zumiez.com.

Zumiez Inc.
4001 204th St SW
Lynnwood, WA 98036
1-877-828-6929

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.

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.

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.

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.

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.

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.

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).

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).

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.

(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.

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.

CUSTOMER CARE:
Toll-Free
1-877-828-6929

Email
help@Zumiez.ca

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

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.

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.

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.com. 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.

Client's current Privacy Policy is available at www.zumiez.com/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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

CrowdTwist may terminate any User's access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate its registration and account, Member may do so at any time by sending an email to opt-out@crowdtwist.com that includes Member's electronic mail address and specifies the Client to which the termination applies.

Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 12 – 23 shall survive. After termination, CrowdTwist has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other User or third party.

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.

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.

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.

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.

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.

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.

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.

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.

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: info@crowdtwist.com

All orders placed with Zumiez.com are subject to order verification and payment review, for the protection of cardholders. Customers must provide current contact information (phone and email) in order to facilitate this process, as well as provide the correct billing address from the payment account. The payment review process may cause a delay in the shipment of your order, so replying to requests for additional information quickly is important.

Order verification requests that do not receive a response will result in the cancelation of your order.

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

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

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

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

• 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.com. Gift cards from 3rd party retailers may not be honored.
• Please treat your gift card like cash. Lost or stolen gift cards cannot be replaced UNLESS the card number is provided by card owner, to validate that card contains funds. Gift cards purchased from any source other than Zumiez.com or Zumiez retail locations are not valid and will not be replaced or reloaded.
• Any purchase over $10 made with a gift card will be refunded to a gift card only.
• Only physical Zumiez gift cards are reloadable, e gift cards may not be reloaded.
• You can combine multiple gift card balances together at Zumiez.com, a Zumiez store location or by contacting Zumiez Customer Care at 1-877-828-6929 . Please have the gift card numbers and security codes available.
• Gift cards are eligible for use in the country where they are purchased. i.e., Cards purchased in Canada may only be used in Zumiez Canada stores, and cards purchased online or in a U.S. store may only be used in the U.S. or online.
• All e-gift card purchases are subject to order verification, please allow up to 24 hours for the verification process.

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.