Roxy

QUIKSILVER/ROXY PRIVACY POLICY


We, Quiksilver, Inc. ("Quiksilver") are strongly committed to protecting your privacy and providing a safe online experience for all of our users and subscribers while offering the highest quality user experience to them. Because we gather certain types of information about and from you, our users and subscribers, in order to fulfill your requests and better serve your needs, we feel you should fully understand the terms and conditions surrounding the collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please note that some of our Websites are subject to separate privacy policies. We encourage you to always check the privacy policy on each Website you visit to be sure you understand the privacy policy governing that Website. Please read the complete Privacy Policy below, as well as our Terms of Use, and contact us if you have any questions.

What Information Do We Collect About You?
You can visit our Websites, read articles and other materials, browse merchandise and check on offerings without giving us any personally identifiable information. However, in order to provide users and subscribers with the most efficient and enhanced personalized service and attention, we may request information about you in certain circumstances and collect certain information automatically. We also use contact lists and other information which are obtained from third parties. For the convenience of all of our customers and to better serve you, we create and maintain a customer account   that includes all the collected personal information we may have with respect to an individual. Nevertheless, you can update or correct your contact information or change your preferences about receiving offers and information from us at any time, including changing your preferences about sharing information with third parties. 

Information You Volunteer
We collect personally identifiable information that you volunteer to us (such as your name, mailing address, e-mail address, phone number, age, gender, hobbies, family information and/or similar demographic information), when you subscribe to, or create an account with, one of our Websites, place an order through our Websites (see the section below for more information on subscriptions, account management and orders), enter a contest or sweepstakes through our Websites, request a catalog or voluntarily register on our Websites. Often this additional information is optional or requested anonymously in connection with a survey. Website visitors may register to receive our e-mail updates, or enter online contests and sweepstakes. Registration may also be required to participate in certain message boards, bulletin boards, chat rooms or surveys available on our Websites. Sometimes registration can be accomplished by submitting only a user name and password. Other offerings may require the submission of additional information. For example, our various brand Websites may ask which disciplines you enjoy most, surfing, skating or snowboarding. Registration forms will indicate what information is required and what information (if any) is optional.

Information Collected Automatically
We may also automatically collect your IP and referring Website addresses, browser type, domain name and Website access times. This information helps facilitate your online experience on our Websites. In addition, we use cookies to track usage patterns on our Website and to control the display of ads, as well as to offer other functionalities (such as screening for age, helping to track items in your shopping basket at Websites which offer online shopping opportunities, and "recognizing" you to speed up your log-in when you visit our Websites). You can turn off cookies, but that will affect your online experience and you may not be able to complete an order or transaction.  Please see below for more detail on cookies.

Other Information
We conduct market research so that we can continually improve our brands and Websites and may purchase or rent lists of potential subscribers or customers from third parties. Those lists may include information on current subscribers or customers. This information may be included in our database in order to help us serve you better by, for example, minimizing multiple mailings and e-mailings and providing information tailored to your interests.

What Do We Do With Collected Information?
We use information you provide to fulfill your requests and improve our Websites, products and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and offers that are most relevant to our subscribers and users and to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports.

We use personal information so that we may display or send custom, personalized content to our Website visitors and send newsletters, mail, e-mails, features, promotional material, surveys and other updates, information or offers to our users and subscribers. From time to time, we may also establish business relationships with other persons or entities that we believe to be trustworthy and whose privacy policies are generally consistent with our privacy policy (“Choice Partners”).  In such cases we might share and cross-reference information, including personal information about you that will enable our Choice Partners to contact you regarding products and services that you might find of interest.

To serve you better, we may also combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information which we receive from our Choice Partners or other third parties. We use the total mix of information to enhance and personalize your shopping experience with us, communicate with you about our products and events that may be of interest to you, and for other promotional purposes as we determine from time to time. 

A user may, at any time, opt out of receiving such information by linking to http://www.quiksilverupdates.com/subscribe/roxy/unsubscribe.htm and following the instructions on those pages. We also use collected information to evaluate and administer our products and services, fulfill customer requests, announce sweepstakes/contest winners, respond to any future problems, such as difficulties in navigating our Websites or accessing certain features, and to gauge user trends to determine what products and services are most popular with users.

We allow users of our Websites to send articles or links by e-mail to other parties who may be interested in them. We do not retain any e-mail addresses (unless you are a member who has already voluntarily provided your e-mail address) of either the sender or recipient of such articles or links after they are sent, and we do not share "send a friend" e-mail addresses with third parties. Of course, we use personal information to allow you to subscribe online or to make product purchases on any of our Websites. We and our technical and fulfillment agents, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.

How Do We Share Personal Information?
Personal information is available to Quiksilver and the technical and fulfillment agents, partners and consultants who make our Websites, products and services available to you. Anonymous information is available to our advertisers, sponsors and promotional and business partners. We share your personal information with third parties only as described below.

Quiksilver and Its Agents
Quiksilver may access anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of sweepstakes winners, new Websites, services or products we offer and any other orders. To facilitate subscriptions, catalog requests and orders, Quiksilver will cache your order information, and create an authorization with a merchant account (e.g., your credit card company). Website hosting firms, technical and database consultants, advertising agencies, order processing partners, customer service partners and fulfillment firms, including firms assisting us in offering contests, sweepstakes and promotions, may have access to personally identifiable information in the course of making our products and services available. All companies working for and with Quiksilver must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law.

Participating Vendors
Some of our Websites may offer opportunities to make purchases online from special participating vendors. On Websites with these online purchase opportunities, we will also give participating manufacturers, retailers, wholesalers or distributors the order information and authorization for the merchant bank. Any time you order from a participating vendor, that vendor will automatically have all the information related to the order. Participating vendors have their own privacy polices, and they may use that information to advise you directly of other products and offerings that they provide. Quiksilver is not responsible for these third parties' respective privacy policies, and we urge you to inquire about their information collection and use practices. In addition, all vendors will receive the same anonymous, aggregate data that our advertisers receive.

Credit Card Companies
As in any transaction, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. Quiksilver will not otherwise provide any personal data to your credit card company without your permission.

Advertisers, Sponsors and Promotional and Business Partners
We share anonymous, aggregate demographic information (such as gender, age, income, hobbies, interests, etc.), and anonymous information obtained from cookies and similar technologies, with our advertisers, sponsors, promotional and business partners, and participating vendors. No personally identifiable information is disclosed to any of these third parties in providing these reports. Credit card numbers, bank account numbers and passwords are not shared with advertisers, sponsors or promotional partners, and are only shared with the specific vendors with whom you place an online order.

Information which we obtain in non-Internet transactions or sweepstakes is handled differently. We may share offline contact information with third parties, who may send you offers or information about their products or services. You must opt-out if you do not wish to receive information from third parties or us by mail.

Your e-mail address is not shared with third parties unless you agree to receive information, by opting-in, from third parties. In other words, we may extend e-mail offers to users or subscribers on behalf of our business partners about a particular product or service that may be of interest to you, but only if you have indicated that you would like to receive these offers. If you wish to receive such offers, we will not share or disclose your name or e-mail address to those business partners, but will send you the information or offers on their behalf. As a result, although Quiksilver may receive a fee from our business partners for this service, Quiksilver sends the offers so that your personal information is never shared with any outside third party. Of course, you may opt out of receiving these offers at any time.

Sometimes we will give you the opportunity to opt in to receive e-mail offers from third parties not affiliated with Quiksilver.  If you decide to accept these offers, we will provide, with your consent, your contact information to the third party. On our Websites, visitors will also have opportunities to sign up directly with certain advertisers and sponsors to enter contests or sweepstakes or to receive e-mail updates and other information directly from them. Third party vendors and advertisers will also use technical and other consultants. We urge visitors to review carefully the privacy policies of these firms. Quiksilver is not responsible for the privacy policies and procedures of any third party.

You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community area (whether through Quiksilver's Websites or any other service available online), that information can be collected and used by others. For example, if you use chat, forums, bulletin boards, blogs or message boards, or if you post personal information online (such as your e-mail address), you may receive unsolicited messages from others. Quiksilver has no control over this use of your personal information.

Important Note
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.

How Do We Use Cookies?
Your Web browser offers so-called "cookies" which, if you allow their use, store small amounts of data on your computer when you visit a Website. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best and make it easier to use our sites. We use a cookie in order to retain the contents of your shopping cart while you browse the site. Cookies also enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser.  Although, our Websites are viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features or offerings will not be available to you. Our third party advertisers may also use cookies.

How Do We Use Web Beacons?
Some of our Web pages may contain electronic images known as Web beacons, which are also called "single-pixel gifs". These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include Web beacons in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our Website usage. Web beacons collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the Web beacon resides. Some of our Web pages may also contain Web beacons placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.

What About Third Party Advertisers?
Some of the third party content displayed in our Websites is provided by outside companies. This content may contain cookies and may also contain Web beacons. Unlike cookies and Web beacons used by Quiksilver in content we control on our Websites, we do not have access to information collected from cookies or Web beacons received in connection with third party content. While we use third parties which we believe are reputable to serve some or all of the content placed within our Websites, third parties may use information (not including personally identifiable information) about your visits to our Websites and other Websites to assist in serving their third party content to you. They may also share anonymous information with their clients such as date/time of the content shown, the specific content shown, the IP address and other similar information.

How Can You Control Your Personal Information?
We believe that choice in how and when you are contacted is key to customer satisfaction.  Therefore, we offer several ways for you to update your contact information and/or change your preferences.

1.    If you have an online account at one of our Websites, you may be able to log on and update or change your contact or account information. Check the Website for further information.
2.    You may unsubscribe to any of our online e-mail updates by following the unsubscribe instructions in the body of any e-mail message.
3.    You may write to us and update your contact information or ask that we not share your personal contact information with third parties at: Quiksilver, Inc., c/o Online Privacy Coordinator, 15202 Graham Street, Huntington Beach, CA 92649. In those instances, we will retain your information in a "do not promote" file in our database.
4.    You may also contact us via email at privacypolicy@quiksilver.com.  

We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail.  You may also continue to receive information from those third parties to whom your information was previously disclosed pursuant to their respective privacy policies.

Security Of Your Personal Information
We use Secure Sockets Layer (SSL) technology to encrypt important information, such as your credit card data, in an effort to prevent unauthorized access during transmission of your orders over the Internet. We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in this Privacy Policy. Your personal information may also be protected by the password you created when you registered at one of our Websites where this feature is offered. The confidentiality of any password is yours to protect. You may change it at anytime by following the instructions on the Website where you registered.

Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those Quiksilver employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any personal information you post in chat rooms, blogs or message boards is available to anyone.

Children’s Privacy
Some Websites may include features or material that may be appealing to children under the age of 13. Quiksilver is strongly committed to protecting the safety and privacy of children who visit our Websites. We do not knowingly collect personal information online from children under 13 and have adopted techniques to age-screen users on our teen-oriented Websites to ensure compliance with this Privacy Policy and the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations under United States federal law protect the privacy of children using the Internet. Many of our Websites include chat rooms, bulletin boards and other features that we believe to be unsuitable for children under 13 and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children's use of the Internet.

Changes In Corporate Structure
In developing our business, we may engage in the sale of certain assets and the company itself, or parts of it, may be sold, merged or otherwise transferred. In such transactions and changes in ownership, user information, whether personally identifiable or otherwise, may constitute one of the transferred assets. Quiksilver will notify affected users in accordance with the procedure for changing this Privacy Policy described below.

Visitors And Subscribers Outside The United States
Our Websites and the servers that make these Websites available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to these Websites. Any information you provide in subscribing to one of our Websites or registering or ordering at one of our Websites will be transferred to the United States. By visiting our Websites and submitting information, you authorize this transfer, processing and use. We adhere to the US-EU Safe Harbor Privacy Principles (“EU Safe Harbor”) with respect to certain personally identifiable information that we receive from customers and employees in the European Union.  Quiksilver has various other business units, service offerings and data collections which are not covered by this Privacy Policy, nor by Quiksilver’s participation in the EU Safe Harbor, and Quiksilver makes no EU Safe Harbor representations with respect to any data collected or used in these business units, service offerings or data collections.  For further background about the EU Safe Harbor, please refer to the U.S. Department of Commerce’s Website at http://www.export.gov/safeharbor.

Changes To Our Privacy Policy
We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered Website visitors information on material changes to this Privacy Policy.

Contact Information
If you have any questions about this Privacy Policy or our privacy practices, please e-mail us at privacypolicy@quiksilver.com. Please include the URL of the Website involved in your request.

Or you can contact us by mail at:
Quiksilver, Inc.
15202 Graham Street
Huntington Beach, CA 92649
Attn: Privacy Coordinator

Or you can fax us at (714) 889-2325, Attn: Privacy Coordinator

Updated August 1, 2007



TERMS OF USE AGREEMENT

August 1, 2007

Terms of Use Agreement
This Website, http://eu.roxy.com ("Website") is hosted by Quiksilver, Inc. and its parent, subsidiaries and affiliates (collectively, "Quiksilver").

By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement"). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website.  In addition, when you use any current or future version of the Website or any other Quiksilver Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.  We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement.  You should visit this page periodically to learn of any changes to this Agreement.

User Comments
We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of Quiksilver. Your submission of any such Comments shall constitute an irrevocable assignment to Quiksilver of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Quiksilver and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Privacy
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

Trademarks
Quiksilver is a registered trademark of Quiksilver, Inc.  Quiksilver, Roxy, DC Shoes, and other marks indicated on our Website are trademarks or registered trademarks of Quiksilver and its affiliates in the United States and other countries. All rights in such names are hereby reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Quiksilver or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Quiksilver or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of Quiksilver or any third party.

Copyright
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Quiksilver or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Quiksilver or any third party.

The Website 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 Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Quiksilver or its lawful successors and assigns.

For usage permission, please contact us via e-mail at privacypolicy@quiksilver.com.

Notice of Copyright Infringement
Quiksilver respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide Quiksilver's 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 Website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so that Quiksilver 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.

Quiksilver's Copyright Agent for notice of claims of copyright infringement on the Website is Quiksilver Americas’ General Counsel, who can be reached as follows:

Vice President and General Counsel, Americas   
15202 Graham Street
Huntington Beach, CA 92649

License and Website Access
Quiksilver grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Quiksilver. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its 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 Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Quiksilver. 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 Quiksilver and its affiliates without express written consent of Quiksilver. You may not use meta tags or any other hidden text using Quiksilver's name or trademarks without the express written consent of Quiksilver. Any unauthorized use will immediately terminate the permission or license granted by Quiksilver.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Quiksilver so long as the link does not portray Quiksilver or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Quiksilver in its sole discretion. You may not use any Quiksilver logo or other proprietary graphic or trademark as part of the link without express written permission of Quiksilver. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking," or otherwise, without prior written permission from Quiksilver.

Third Party and Co-Branded Websites
The Website may contain hyperlinks ("links") to websites operated by persons or entities other than Quiksilver ("third-party Websites") or to co-branded websites operated by a third party, including affiliates ("co-branded Websites"). We provide such links for your reference and convenience only. A link from Quiksilver to a third-party Website does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from our Website. QUIKSILVER IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Quiksilver. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Quiksilver or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

By using the Website, you agree not to violate or attempt to violate the security of the Website, 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 Website; sending unsolicited email, 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 email or posting.   

Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Quiksilver. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when Quiksilver delivers these items to the carrier.

Product Information
Quiksilver attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. Most Quiksilver products displayed on the Website are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.

Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITE IS PROVIDED BY QUIKSILVER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUIKSILVER MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE 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 SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUIKSILVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL QUIKSILVER, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO QUIKSILVER THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Quiksilver or to products you purchase through Quiksilver shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Quiksilver's intellectual property rights, Quiksilver may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification
You agree to defend, indemnify, and hold harmless Quiksilver and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Quiksilver arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Quiksilver as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Quiksilver's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Quiksilver 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.

The failure of Quiksilver to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

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 is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between Quiksilver and you regarding our Website and its contents.

All rights not expressly granted herein are hereby reserved to Quiksilver.