Effective Date: July, 21st 2021
www.elementbrand.com in France, Germany, Austria, Belgium, France (including Monaco), Italy, Luxembourg, Portugal, UK, Switzerland, Spain, the Netherlands, Denmark and Finland
(collectively referred to herein as the “Sites”). By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites as set forth below in Section 8.
Your browsing on the Sites allows you to benefit from various services and advantages, such as in particular a personalized browsing experience, including in particular:
- the display of offers and products or services related to those you are looking for or viewing on our Sites with content or offers that may be of interest to you, and
- the display of personalized messages related to offers and products that you are looking for or consult on our Sites, or to content or offers that may be of interest to you.
You can thus discover and choose the offers that interest you, without having to navigate in spaces that do not correspond to your expectations. Obviously, your curiosity remains wide open, we are only accompanying you to ensure that it is satisfied.
These services and the features attached to your browsing on the Sites are not optional and constitute elements inherent in the performance of our services and your use of the Sites.
2. SITE PUBLISHER AND HOST
The Site is published by the French company Na Pali S.A.S, with a share capital of €69,728,100, whose head office is located in France at 162 rue Belharra 64500 Saint Jean de Luz, registered with the Trade and Companies Registry of Bayonne, France, under number B 331 377 036, whose intercommunity VAT number is GB 318887946, whose email address is : privacy.EU@boardriders.com and whose telephone number is +33 (0)5 59 51 77 33, hereinafter referred to as “Boardriders Europe” or “Us”. The representative of Boardriders Europe for the Site is Mr. Nicolas Foulet, Digital manager.
The Site is hosted by the company Salesforce.com, INC whose head office is located in the USA at The Landmark @ One Market, Suite 300, San Francisco CA, 94105.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.
5. GOVERNING LAW - DISPUTE RESOLUTION
to the Company at:
Na Pali SAS / Boardriders Europe
Attention: Legal Department
162 rue Belharra - 64500 Saint Jean de Luz
Or by email at: email@example.com
to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you
In accordance with the provisions of the French Consumer Code regarding the amicable settlement of the disputes, Na Pali SAS is registered to the French “FEVAD e-commerce Ombudsman Service”. Provided that you have first taken steps with Na Pali SAS, your unresolved consumer Dispute may be brought before the Ombudsman Service. To learn more about the conditions under which your complaint can be brought before the Ombudsman, please click here: www.mediateurfevad.fr
You may also address your complaint on the online platform made available by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will then transfer the complaint to the relevant national ombudsmen.
Following the applicable rules on the mediation, you should have previously addressed the Dispute in writing to Na Pali SAS in order to reach an amicable solution.
SHOULD NO AMICABLE SOLUTION BE REACHED, ANY DISPUTE SHALL BE SETTLED BY THE COMPETENT COURTS HAVING JURISDICTION IN THE PLACE WHERE YOU HAVE YOUR RESIDENCE OR WHERE THE PRODUCT OR SERVICE HAS BEEN DELIVERED TO YOU.
6. RESTRICTIONS ON USE OF MATERIALS
Trademarks. Boardriders, Quiksilver, Roxy, DC Shoes, Billabong, Element (including but not limited to their logo), and other trademarks, service marks, trade names, and trade dress indicated on our Sites are trademarks or registered trademarks of Company and its affiliates, licensors and licensees in the United States, European Union and other countries. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark owned or controlled by Company or any third party.
Other intellectual property rights. All information, text, images, photographs, graphics, logos, animations, videos, music, user interface and other content and materials contained on the Sites are the intellectual property of Company or its third-party licensors to the full extent provided under the applicable law and all international copyright laws. Under applicable laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, disseminating, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns. For usage permission, please contact us via e-mail at privacy.EU@boardriders.com.
You are hereby granted a personal, non-exclusive and non-transferable right to use any material displayed on the Site for private use only and as part of the Service.
7. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
(1) Identification of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Sites that is requested to be removed;
(3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of copyright infringement on the Sites is Company’s Legal Department, who can be reached as follows:
Na Pali SAS
Attention: Legal Department
162 rue Belharra 64500 Saint Jean de Luz
Or by email at: firstname.lastname@example.org
9. RETURNS, REFUNDS, SHIPPING, AND ORDER CANCELLATIONS
Please review our Returns, and our Shipping Methods and Timelines, which also govern your visit to the Sites, as applicable. The terms and conditions of our these documents are incorporated herein and made a part of this Agreement.
10. MY ELEMENT LOYALTY PROGRAM
Effective Date: January 2021
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN THE MY ELEMENT LOYALTY PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN MY ELEMENT LOYALTY PROGRAM.
The My Element loyalty program (hereinafter “MY ELEMENT”) is a customer loyalty program offered by NA PALI SAS/Boardriders Europe and its subsidiaries in Europe (“Boardriders,” “Company,” “we” or “us”) to customers who meet the eligibility requirements described below. MY ELEMENT is valid online at the website www.Element.com in Germany, Austria, Belgium, France including Monaco, Italy, Luxembourg, Portugal, UK, Ireland, Sweden, Switzerland, Spain, the Netherlands, Denmark and Finland (hereafter, the “Sites”), and at participating Boardriders and Element company owned retail stores (list available on the store locator on www.element.com) (hereafter, the “Stores”).
When you create a user account on the Element website, you will automatically be enrolled in MY ELEMENT. By creating an account and/or enrolling in MY ELEMENT, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in MY ELEMENT. By participating in MY ELEMENT, you will be subscribed to receive communications from Element, some of which may be commercial in nature.
A. Acceptance of Terms and Conditions of Membership
Membership in MY ELEMENT is available to any natural person who is a resident of the countries listed above and are at least 18 of age (or the age of majority in the place of residency) at the time of enrollment in the program. By submitting an application for membership in MY ELEMENT, you represent that you meet these eligibility requirements. Employees, officers, directors, agents and representatives of Company are ineligible for membership in MY ELEMENT. You must read and agree to these terms and conditions of membership in MY ELEMENT (“Terms and Conditions”), as set out below.
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, Company may at any time, in its sole discretion, alter, limit, or modify the MY ELEMENT rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of MY ELEMENT or may suspend or terminate MY ELEMENT at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in MY ELEMENT if Company determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) MY ELEMENT account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.
B. Principle of MY ELEMENT
As a MY ELEMENT member, you can earn MY ELEMENT points (“Points”) by (i) purchasing Element brand merchandise and eligible third-party merchandise as determined by Boardriders in its sole discretion (excludes the purchase of e-gift cards, gift cards, shipping & handling charges, and sales taxes on purchases) on the Sites and at Stores (“Eligible Purchases”); and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double Points Tuesdays, responding to a survey, etc.). Points earned in this way give you access to select rewards (“Rewards”) as determined by Company in its sole discretion.
C. Membership in MY ELEMENT
To join MY ELEMENT, simply ask about it at one of our Stores or join online on the Sites. You must create an online user account in order to participate in MY ELEMENT. Are automatically enrolled in MY ELEMENT: 1) individuals who previously joined the former MY ELEMENT loyalty program through the Element Site before the launch of the new MY ELEMENT loyalty program and 2) individuals who previously joined the former Element loyalty program through the Element wholly owned store before the launch of the new MY ELEMENT loyalty program.
In order to get the most complete experience out of your MY ELEMENT membership, including receiving exclusive MY ELEMENT offers, Company recommends that you subscribe to receive all MY ELEMENT emails. You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in MY ELEMENT. Examples of transactional emails include: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of marketing emails, transactional emails, or both. If you opt out of marketing emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account.
You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join MY ELEMENT, particularly in the case of two people with the same name.
Only one (1) membership in MY ELEMENT is permitted per person and email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and Conditions, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in the MY ELEMENT, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
D. Earning Membership Points
You will begin earning Points over a 12-month period from the date on which you join MY ELEMENT, and will be awarded 100 Points upon enrollment in MY ELEMENT. You will also earn Points on all Eligible Purchases and participation in other special programs and promotional offers that may be announced by Element or its third-party partners from time to time. Points will expire twelve (12) months after they are earned on a rolling basis.
Points have no cash, monetary or real-world value. Unless a special offer is applicable, you shall earn one (1) Point for every €uro (1€) you spend (as applicable, based on country of purchase) on the Sites or in a Store. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next €uro. When making a purchase on the Sites, you must log-in to your user account in order to earn Points. When making a purchase at a Store, you must provide your email address or other membership information in order to earn Points on your in-store purchase. From time to time, we, or others acting with our permission, may notify you of special promotional offers that offer you “Bonus Points.” Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
Points will not be awarded on unauthorized or fraudulent purchases, nor will Points be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Points will not be earned on the following items: purchase of e-gift cards or gift cards, shipping & handling charges, and sales taxes on purchases.
No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining MY ELEMENT are not eligible for Points.
Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.
E. Membership Rewards
Your membership Rewards include the following:
- Rewards: These are single-use coupons that can be used for discounts off purchases on the Sites or at Stores as described below. The amount of your Reward will be determined by the total amount of Points you have accumulated. Every 300 Points = 15€ off eligible purchases. Rewards shall be awarded in 15€ (or as applicable, based on country of purchase as detail in the conversion table mentioned below) increments as follows:
- If you accumulate 300 Points or more but less than 600 Points, you shall have the possibility to convert your points into a Reward of 15€ off your next purchase of 25€ or more.
- If you accumulate 600 Points or more but less than 900 Points, you shall have the possibility to convert your points into a Reward of 30€ off your next purchase of 50€ or more.
- If you accumulate 900 Points or more but less than 1200 Points, you shall have the possibility to convert your points into a Reward of 45€ off your next purchase of 75€ or more.
- If you accumulate 1200 Points or more but less than 1500 Points, you shall have the possibility to convert your points into a Reward of 60€ off your next purchase of 100€ or more.
- If you accumulate 1500 Points or more but less than 3000 Points, you shall have the possibility to convert your points into a Reward of 75€ off your next purchase of 125€ or more.
- If you accumulate 3000 Points or more, you shall have the possibility to convert your points into a Reward of 150€ off your next purchase of 200€ or more
- Each Reward shall be valid for 12 months from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase, on the Sites or at Stores, of Element or other Boardriders brands (i.e., Quiksilver, Roxy, DC Shoes, BILLABONG, RVCA) in which you are also a loyalty program member. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable.
- First Loyal Purchase Offer: Following your enrollment in MY ELEMENT, you will receive a one-time 20% off First Loyal Purchase Offer following your first purchase of Element merchandise on the Sites or at Stores. Each First Loyal Purchase Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the First Loyal Purchase Offer. First Loyal Purchase Offers may only be used for the purchase of Element merchandise on the Sites or at Stores. Each First Loyal Purchase Offer may only be used once. Limitations on the number of First Loyal Purchase Offers that can be used in a single transaction may apply. First Loyal Purchase Offers have no market or cash value and are non-transferable.
- Birthday Offer: :Following your enrollment in MY ELEMENT, you will receive a 25% off Birthday Offer once a year at the beginning of the month in which you celebrate your birthday. Each Birthday Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the Birthday Offer. Birthday Offers may only be used for the purchase of Element merchandise on the Sites or at Stores. Each Birthday Offer may only be used once. Limitations on the number of Offers that can be used in a single transaction may apply. Offers have no market or cash value and are non-transferable.
- Free standard shipping: You shall receive free standard shipping on all purchases made on the Sites.
- Free returns: You shall receive free returns on all Eligible Purchases made on the Sites.
Some Rewards or Offers may only be available to residents of a particular country. Company reserves the right to substitute Rewards or Offers at its sole discretion. Unless otherwise noted by Company, Rewards and Offers cannot be combined with any other offer. Rewards may only be used for the purchase, on the Sites or at Stores, of Element or other Boardriders brands (i.e., ROXY, DC SHOES, QUIKSILVER, BILLABONG, RVCA). You cannot use Rewards or Offers retroactively for prior purchases. Company is not responsible for lost or stolen Rewards or Offers. If you opt out of certain types of emails, e.g., Loyalty Program emails, you may not be able to receive Rewards or Offers by email, although you will be able to view your Rewards or Offer status by visiting a Store or logging in to your MY ELEMENT account.
F. Updating Your Account
Participation in MY ELEMENT requires an email address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or Rewards or Offers due to out-of-date, incomplete or inaccurate information.
You may close your user account by sending an email request to privacy.EU@boardriders.com.
G. Fraudulent Use of MY ELEMENT
Any fraud, attempted fraud or theft on the Sites or at a Store, any wrongful or inappropriate use of MY ELEMENT, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Terms and Conditions shall lead to the automatic suspension or permanent deactivation of your membership in MY ELEMENT. Company reserves the right to suspend or deactivate your account, MY ELEMENT and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Terms and Conditions or through misuse or fraudulent use shall be cancelled without any form of compensation.
H. Amendment, Failure or Interruption of MY ELEMENT
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, Company reserves the right to amend these Terms and Conditions at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend MY ELEMENT.
Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of MY ELEMENT. No amendment, withdrawal or failure of MY ELEMENT shall give you an entitlement to compensation. If MY ELEMENT is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.
BY PARTICIPATING IN MY ELEMENT, YOU ACKNOWLEDGE THAT MY ELEMENT, THE REWARDS, OFFERS, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SITES, MY ELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR MY ELEMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, MY ELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO MY ELEMENT, REWARDS OR OFFERS WILL BE CORRECTED.
PARTICIPATION IN MY ELEMENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH MY ELEMENT. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
In accordance with the applicable European regulations, you may exercise your right to access, correct, or delete and object by contacting us at : privacy.EU@boardriders.com
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement with regard to the Comments publicly that you made publicly available.
Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.
12. LICENSE AND SITE ACCESS
Any element integrated in the Sites and put available to you by Company, especially and without limitation, any data, information, texts, files, images, animations, presentations, captions, graphics, photos, videos, logos, distinctive signs, software and trademarks (“Content”) are the exclusive property of Company and protected by the local and international applicable laws, regulations and treaties.
Any rights related to the intellectual or industrial property, trademarks, domain names and other distinctive signs displayed on the Sites and their Contents are the exclusive property of Company and you are solely liable for any unauthorized use or exploitation.
Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites and Contents but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Sites or their Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Sites nor any portion of the Sites or their Contents may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company's brand names or trademarks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of Company. You may not make any other part of the Sites or their Contents, other than the home page of the Sites, available as part of another service by "deep linking," or otherwise, without prior written permission from Company. Any permitted links to the Sites and their Contents must comply will all applicable laws, rules and regulations.
13. THIRD-PARTY AND CO-BRANDED SITES
The Sites may contain hyperlinks ("links") to websites operated by persons or entities other than Company ("third-party Websites") or to co-branded websites operated by a third party, including Company's affiliates and licensees ("co-branded Websites"). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Company explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.
COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
14. HYPERLINKS TO OUR SITES
You may not use or insert a hypertext link to our Sites without obtaining the prior written authorization of Company, and subject to link to our Sites’ homepage without duplicating this homepage or any other page or Content of the Sites, and not to :
(a) insert a link to the Site from a service you are not the publisher of ;
(b) delete, edit or alter in any way the size or appearance of our logos or any other distinctive signs ;
(c) create a window, frame or any other web browser around the Sites or their Contents ;
(d) suggest in any way that Company endorses or guarantees the products and services available on the third-party service
(e) mislead any user or third-party or create a confusion regarding your relation with Company and not display false, deceptive, derogatory or deceitful information about Company
(f) use Company’s trademarks, logos or any other Company’s distinctive sign without prior written authorization from Company ; and
(g) include on your site or service items which may be defamatory, offensive, insulting, violating legal provisions regarding freedom of expression, violating third-party or individual rights or violating in any way the applicable legislations and regulations.
Company expressly reserves the right to revoke the authorization hereby granted and to take all necessary measures should you fail to comply with these terms. You may be held liable of any damage resulting from such a breach.
15. YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Sites or any co-branded Website must be accurate, complete, and current.
By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Sites; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
16. TERMINATION OR RESTRICTION
Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.
17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITH THE EXCEPTION OF APPLICABLE LEGAL WARRANTIES, COMPANY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. PERSONAL DATA PROTECTION
19. MISCELLANEOUS LEGAL PROVISIONS
Company may discontinue the Sites at any time and for any reason, without notice. To the extent permitted by applicable law, Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. 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.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the Sites and its Contents, and supersedes any prior or contemporaneous communications between you and Company regarding the Sites and their contents.
All rights not expressly granted herein are hereby reserved to Company.
20. CONTACT US
If you have any questions or concerns regarding the Sites or this Agreement, please contact us by e-mail at privacy.EU@boardriders.com or write to us at the following address:
Na Pali SAS
Attention: Legal Department
162 rue Belharra
64500 Saint Jean de Luz