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Volcom Patch Kit Gift with Purchase


Offer available to U.S residents only starting July 20th, 2017, 12:00 a.m. Pacific Standard Time ("PST") and ends on August 3, 2017 at 11:59 p.m. PST, while supplies last. To obtain your gift with purchase, you must purchase $100+ on the Volcom website, found at http://www.volcom.com.html. LIMITED QUANTITIES ARE AVAILABLE AND OFFER IS GOOD ONLY WHILE SUPPLIES LAST. Online only. Limit one Patch Kit gift per person. If the items ordered online are returned, please return the gift. Gift will be shipped to the same address as your order. Gift cannot be shipped internationally. Offer cannot be applied toward previous purchases and cannot be redeemed for cash or gift cards or used in combination with any other offers, coupon codes, discounts or promotions. Non-U.S. residents and employees of Volcom are not eligible. Additional exclusions or restrictions may apply and terms of offer are subject to change without notice. Volcom reserves the right to cancel this offer and any associated order at any time due to pricing, technical, or other errors. Questions? Call customer service toll-free (855) 330-0188.

VOLCOM MOBILE ALERTS (SMS) TERMS AND CONDITIONS







Definitions

“You” means the person who signs up to participate in, or uses in any way, Volcom Mobile Alerts.

“We,” “our,” and “us,” refer to Volcom, LLC, and its subsidiary and affiliate companies, as well as any other person or entity providing any service, applications or content to you from us or on our behalf.

“Applications” and/or “Content” refer to any file, device or software that can be downloaded by you to either a computer or a wireless device such as a handset or a personal digital assistant.

“Service” means the Volcom Mobile Alerts, Applications, or Content.

 

Acceptance by You

By using the Service provided by us, you have agreed to be bound by these terms and conditions (the “Terms and Conditions”). If you do not agree with the Terms and Conditions, you must immediately cease using the Service and opt-out, as described below. We may update or amend the Terms and Conditions at any time, and such amendments will be effective upon our posting of the updated Terms and Conditions on our website http://www.volcom.com (the “Website”). We may also elect to send you a text message to Your Mobile Number (as defined below) to advise you of such amendments. You may review the Terms and Conditions, and any amendments hereto, at any time by accessing the Website. If you do not agree to the Terms and Conditions as amended, you must immediately cease using the Service and opt-out, as described above. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Terms and Conditions, as amended.

 

Cost of Participation

Participation in Volcom Mobile Alerts is complimentary and requires no purchase or fee, although carrier message and data rates may apply. Depending on your text plan, you may be charged by your carrier.

 

Signing up for Volcom Mobile Alerts

To sign up for Volcom Mobile Alerts by texting JOIN to 865266. Alerts include SMS as well as MMS messages. Upon submission of your mobile number (“Your Mobile Number”) to the Volcom Mobile Alerts service, you will receive an SMS text message requesting you to confirm that you consent to receive text messages to Your Mobile Number.

 

Opt Out and Other Commands

To stop receiving Volcom Mobile Alerts, simply text STOP to 865266 from Your Mobile Number, or call (855) 330-0188. After doing so, you will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive Volcom text messages to Your Mobile Number.

 

Stop: At any time, you can text STOP to 865266. You will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive any Volcom text messages to Your Mobile Number, unless you opt-back in.

 

Help: At any time, you can text HELP to 865266.

 

Opt Back In: At any time you can text JOIN to 865266 to start receiving Volcom Mobile Alerts again. You will receive an SMS text message welcoming you back to the Service.

 

Service Description and Message Frequency

Volcom Mobile Alerts offers promotion text messages for select Volcom special offers, products, and promotions. Volcom will send approximately four (4) auto text messages per month.

 

Territory

The Service is a recurring message program and is only valid in the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use Volcom Mobile Alerts from countries outside of the United States.

 

Participating Carriers

Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless, Cricket, Cincinnati Bell and Virgin Mobile. The Service is not compatible with all cell phone models. Volcom is not responsible for any delays upon sending or receiving text messages. Alerts sent via SMS or MMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

 

Privacy Policy

Volcom respects your right to privacy. You can view our privacy policy here.

 

Conduct

You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech.  You acknowledge that we may or may not pre-screen text message content you provide, but shall have the right, without obligation and in our sole discretion, to pre-screen, refuse, or remove any content you make available, including content that violates this section.

 

Contact Information

By enrolling in the Service, you certify that you are 18 years or older and that (a) you are the account holder or (b) you have the account holder’s permission to enter Your Mobile Number in the Volcom Mobile Alerts service and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with the provider regarding your use of the Service, including that you agree to advise us immediately if you cease being the subscriber or regular user of Your Mobile Number.

 

Warranties; Disclaimers

Volcom is not responsible or liable for any content SENT BY YOU OR for any offensive, unlawful or objectionable content you may encounter on or through the SERVICE. The SERVICE, its content, and the materials and products THEREIN are provided "AS IS" and without warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VOLCOM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Volcom cannot guarantee and does not promise any specific results from use of the Service. Volcom does not represent or warrant that the Service will be uninterrupted or error-free, that any defects will be corrected, or that this Service or the server that makes the Service available are free of viruses or anything else harmful. To the fullest extent permitted by law, Volcom does not make any warranties or representations regarding the use of the materials or content on the Service in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Service is at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Service, loss of data or other harm of any kind that may result. Volcom reserves the right to change any and all content and other items used or contained in the Service at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

Indemnification

You hereby agree to indemnify, defend, and hold harmless, Volcom, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of the Service in violation of these Terms and Conditions and any content you submit, post, transmit, or otherwise send to us), including (but not limited to) claims that your content is tortious, defamatory, invasive of privacy, or violates the intellectual property rights of another. Volcom has the right to control any defense pertaining to this section.

 

Limitation of Liability

EXCEPT IN CONNECTION WITH DEATH OR PERSONAL INJURY RESULTING FROM Volcom'S NEGLIGENCE, IN NO EVENT SHALL Volcom BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THE SERVICE OR YOUR USE THEREOF WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR ONLY REMEDY AGAINST VOLCOM FOR USE OF THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE. HOWEVER, IF VOLCOM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT, VOLCOM'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Termination

We reserve the right, in our sole discretion, to cancel or suspend the Volcom Mobile Alerts service, in whole or in part, for any reason, with or without notice to you.

 

Force Majeure

Notwithstanding any other provision set forth in these Terms of Use, Volcom shall not be liable for any failure or delay in its performance due to any cause beyond Volcom's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Volcom shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

 

Relationship

Nothing in these Terms and Conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between Volcom and you.

 

Governing Law and Jurisdiction

You agree that the Service, these Terms and Conditions, Privacy Policy and any dispute between you and Volcom shall be governed by, construed, and enforced in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Service (including but not limited to the purchase of Volcom products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in California, USA. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California, USA. Any cause of action or claim you may have with respect to the Service (including but not limited to the purchase of Volcom products) must be commenced within one (1) year after the claim or cause of action arises.

 

Waiver, Severability and Entire Agreement

Volcom's failure to insist upon or enforce strict performance of any of these Terms and Conditions shall not be considered a waiver of any provision or right. Neither the course of conduct between Volcom and you, nor trade practice, shall modify any of these Terms of Use. Volcom may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. If any provision in these Terms and Conditions is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms and Conditions and the remaining provisions shall continue to be valid and enforceable. These Terms and Conditions constitute the full and entire understanding and agreement between Volcom and you pertaining to use of the Service These Terms and Conditions remain in effect even after your account is terminated.

 

Contact

For any questions or help with Volcom Mobile Alerts, simply text HELP to 865266 or email customer service at customerservice@volcom.com  or call (855) 330-0188.

 


04/04/2017