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SMS Terms

VOLCOM.COM TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using this website, mobile application or other Volcom product or service (collectively the "Website") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Volcom. Volcom may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Last Revised October 28, 2016

Trademarks

This Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of Volcom and may also contain Intellectual Property of Volcom's affiliates. Such Intellectual Property remains the property of their respective owners. You recognize and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorization is strictly prohibited. Nothing in these Terms of Use shall be interpreted as granting any license of Intellectual Property rights to you.

Prohibited Use

Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Website, you agree that any and all information transmitted to, by or with the use of this Website cannot and shall not be deemed confidential or proprietary. You agree not to use any data mining, robots, scraping or similar data gathering methods. Volcom reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. Volcom, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action Volcom determines appropriate under the circumstances.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website. By using the Website, you agree to receive certain electronic communications from Volcom. You agree that any notice, agreement, disclosure or other communication that Volcom sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Product Orders

All orders placed through the Website are subject to Volcom's acceptance. This means that Volcom may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Volcom will issue you a refund. This Website may contain typographical errors or technical inaccuracies.

Third Parties

For your convenience and to improve the usage of our website we insert links to third party websites. This may include links from partners that may use Volcom’s logo as part of a co-branding agreement or sell Volcom products. These third party websites may have their own separate policies and Volcom is not responsible or liable for the content and activities of these third parties. Any use of third party websites is entirely at your own risk. We encourage you to read the privacy policies of each website that you visit, as third party websites may use cookies, collect data or solicit personal information. Volcom, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on all such third party websites and any damages, of any kind, incurred by individuals who visit such websites.

Mobile

The Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Volcom's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

Warranties, Disclaimer

Volcom is not responsible or liable for any content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, its content, and the materials and products on this Website 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 Website. Volcom does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website 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 Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Website 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 Website, 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 Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Idemnification

You hereby agrees 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 this Website in violation of these Terms of Use. Volcom has the right to control any defense pertaining to this section.

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 of Use 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 this Website, Terms of Use, 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 this Website (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 website (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 of Use 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 of Use to any party at any time without notice to you. If any provision in these Terms of Use is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions shall continue to be valid and enforceable. These Terms of Use constitute the full and entire understanding and agreement between Volcom and you pertaining to use of the Website. These Terms of Use remain in effect even after your account is terminated.

VOLCOM.COM PRIVACY POLICY

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Volcom, LLC, and its subsidiary and affiliate companies (collectively, “Volcom” or "we", "us", or "our") respects the privacy of all of our visitors and pledges to provide you with the best online experience possible. This Volcom Privacy Policy (“Privacy Policy”) describes what information we collect from you, how we may use it and the steps we take to ensure that it is protected. By accessing or using this website, mobile application or other Volcom product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent to our Privacy Policy . Volcom may modify this Privacy Policy at any time effective upon its posting. Your continued use of our products and services constitutes your acceptance to this Privacy Policy and any updates. This Privacy Policy is incorporated into, and is subject to, the Terms of Use.

Last Revised October 21, 2016

Information We Collect

We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, email and physical address, IP address, telephone number or mobile phone identifier, gender, contact lists, social media information, location (including GPS) information, activity and performance information, and when necessary, credit card information. We also collect information about gift and e-postcard recipients provided by the giver.We may also collect information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us. We may combine information you give us with other information from Volcom sources, transactions and communications. This may include, but is not limited to, information from Volcom stores, direct mail, catalogs, events, products and applications, or other Volcom interactions. We may also combine that information with data that is publicly available and data from third parties.

How We Collect Information

We may use cookies and other collection tools, such as clickstream data and web beacons, to gather information about your visits on our website so we can enhance your experience. This information may be combined with information you have provided to us, which will enable us to analyze and better customize your visits. What Are Cookies? Cookies are data files stored within your browser when you interact with a website. These data files allow the website to recall important information about your visit, help better understand your preferences and improve your overall experience. You may limit or turn off cookies and other collection tools by adjusting your browner settings. If you turn off certain collection tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. We recommend that you leave cookies “turned on” so we can offer you a better shopping experience on our sites. We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. For example, we use Google Analytics on the website to analyze how users use the website and to provide advertisements to you on other websites. For more information about how to opt-out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout. These companies may not recognize or respond to browser “Do Not Track” signals. For more information about third party cookies, including information about how to opt-out of these technologies, visit www.aboutads.info/choices (US) or http://youradchoices.ca/choices (Canada). We do not operate or control these sites, and are not responsible for the opt-out choices available there.

Use Of Information

We may use your information to provide products and services to you including:
Enhancing, personalizing and customizing user experiences, such as placing an order and other activities
Communicating with you about your purchase, account information or customer service
Analyzing user behavior and trends to better understand our customers and gain consumer insights
Providing and conducting marketing and promotions
Communicating with you about our products, services and events, and for other promotional purposes
Administering contests, promotions, events, surveys or other features
Displaying relevant marketing to you and other information about Volcom
We only send you communications if you have opted-in to receive Volcom e-mails and/or SMS messages. If you no longer want to receive emails/SMS messages or want to delete/update your personal data, please visit the registration page at (http://volcom.com/email_preferences/)

Protection Of Information

Volcom uses technical and organizational measures designed to protect your information against unauthorized access, theft, and loss. While Volcom strives to protect its user's personal information and privacy, we cannot guarantee 100% the security or confidentiality of any information that you provide to us or that is otherwise disclosed by you online We recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords.

Childrens' Privacy

We do not knowingly collect or solicit information online from children under 13 and we do not specifically target children under 13 in our marketing materials or other advertising.

Sharing Information

We may provide your information to our affiliates and subsidiaries, as well as to our partners, vendors, distributors, and suppliers, some of which may be outside the United States. We may transfer your information to certain service providers in order to conduct our business operations. For example, service providers may handle web hosting, credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information as is necessary to complete a transaction or provide a product, service, or feature that you have requested. These serve providers will only use your information for the purpose of carrying out the services provided to Volcom and are required to keep all such information confidential. We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of Volcom's products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of Volcom. If this should happen, notice will be provided via the website or other appropriate form of communication. You may also choose to share certain information. When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture. In order to participate in certain features, you may have to adjust your privacy settings and share additional information. You may also choose to share your activity on other platforms, such as Instagram, Facebook and Twitter. Please read the privacy policies of those platforms, because your Volcom activity published on those platforms will no longer be governed by this Privacy Policy.

Data Transfer

Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States, and allow Volcom to use and collect your personal information in accordance with this Privacy Policy.

Links To Third Parties

For your convenience and to improve the usage of our website we insert links to third party websites, for which this Privacy Policy does not apply. This includes links from partners that may use Volcom’s logo as part of a co-branding agreement or sell Volcom products. These third party websites may have their own separate privacy policies and Volcom is not responsible or liable for the content and activities of third parties. Any use of third party websites is entirely at your own risk. Please note that third party sites may use cookies, collect data or solicit personal information. We encourage you to read the privacy policies of each website that you visit.

Opt-Out, Delete Or Modify Information

You may cancel your account, or opt-out of receiving e-mail messages from Volcom at any time. You can also modify or delete your account profile within certain Volcom services through your account.

To unsubscribe and stop receiving communications from Volcom, you can change your account settings or follow the instructions enclosed within the email, text message, notification or other promotional message or communication. If you have unsubscribed from any Volcom communications, due to production schedules, you may receive communications already in production. Volcom may keep information and content in our backup files and archives.

If you have any questions or comments relating to our website and/or the Privacy Policy, please write to us:

Volcom
Attn: Privacy Officer
1740 Monrovia Avenue
Costa Mesa, CA 92627.

You may also contact us via telephone at (949) 646-2175.

Volcom Compliance

A cornerstone in our P.A.S.S. (Product And Social Safety) program that ensures our products are built responsibly and in compliance with the highest global social and chemical regulatory practices. In September 2010, the government of California approved a new law, which requires retailers and manufacturers operating in the state to make public the steps they have undertaken to eradicate slavery and human trafficking from their supply and distribution chain. Volcom considers the practice of slave labor and human trafficking to involve “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery” as outlined in the Trafficking Victims Protection Act (TVPA) of 2000. As a company, we strongly condemn these practices and do not allow them to have a place in our supply chains. The following describes how we oversee our supply chains for continued compliance:

Verification

We assess the risks of slavery and human trafficking by understanding that such practices can happen anywhere. With that in mind, we regularly review our supply chain and audit all non-WRAP-certified factories that we do substantial business with to ensure that they show continued compliance with the Volcom Code of Conduct and all applicable laws, rules, and regulations. Our Code of Conduct covers issues such as maximum working hours, basic wages, respect, equality, and restriction of forced labor (amongst others).

Auditing

Our verification practices include third-party audits of the entire factory, including its dormitories. We work with both Intertek and SGS for all of our audits. The auditing teams interview groups of workers, as well as individuals, without the presence of their management, to allow them to comment on their working conditions and any suspected abuse. We require every new factory in our supply chain to present a recent, passing report from a third party auditing firm or other approved auditing body to comply with the requirements for our new vendor/factory set-up.

Our audits are scheduled in advance in order to give the factory time to prepare for the visit and compile all of the necessary documentation. If an audit report ever brings up evidence regarding any violations of the Code above, we work with the factory to create a Corrective Action Plan clearly listing solutions with estimated completion dates for each non- compliant point. If a re-audit is necessary, it is un-announced, and the factory is given a two-week window. If we ever discover suspected child labor, slave labor, or forced labor, we take immediate action to correct the issue and send auditors in seven (7) days later to confirm that the factory is in compliance.

Volcom schedules audits depending on a factory'’'s past audit history. If a factory has had passing results two years in a row, they do not have to audit the third year. For WRAP- and SA8000-certified factories, we are willing to accept their certificates in lieu of a Volcom audit as long as we are able to review the full report and track the completion of their Corrective Action Plan. All of these actions help to verify that there is no human trafficking or slave labor in our supply chain.

Certification and Code of Conduct

Every year Volcom updates its vendor manual with the current requirements, and we require our entire supplier base to sign agreements noting that they have read, understood, and implemented the requirements set forth. One of these agreements is our Work Place Code of Conduct.

The Volcom Work Place Code of Conduct covers the following aspects (a copy of the Code can be found here):

Compliance with the Law
Employment Standards:

Child Labor/Young Labor/Forced Labor
Health and Safety
Freedom of Association, Discrimination, and Disciplinary Practices
Working Hours and Compensation
Environment
C-TPAT (Customs Trade Pact Against Terrorism)

Additionally, our Vendor/Manufacturing Agreement specifically requires the vendor/manufacturer to warrant and represent that “it is not engaged in, and will not engage in any activities which are in violation of any applicable domestic, foreign or international laws, rules, or regulations, including without limitation, laws, rules or regulations governing labor.”

Vendors agree to comply with the Code and to disclose the names and addresses of every factory, contractor, and sub-contractor that they use to produce raw materials and/or garments for Volcom. All of these factories, contractors, and sub-contractors must also comply with the Code, otherwise our vendors are not allowed to do business with them.

Lastly, the vendors agree to allow Volcom staff and representatives to inspect the facilities to ensure compliance by visiting or conducting audits. Volcom reserves the right to discontinue business with vendors who do not comply with the Code or who work with factories, contractors, and sub-contractors that do not comply.

Internal Accountability

As a brand in the Kering Group, Volcom requires all employees to complete Kering's Code of Ethics and Compliance (anti-corruption) trainings and to comply with all laws and regulations and live up to the Group’s values and moral principles. Kering's Code of Ethics reflects several international standards including: The United Nations Universal Declaration of Human Rights and the European Convention on Human Rights; Various International Labour Organization conventions; The OECD Guidelines for Multinational Enterprises; The United Nations Convention on the Rights of the Child; The Ten Principles of the United Nations Global Compact.

Volcom and Kering believe it is essential to define the principles of conduct and behaviour shared by all employees, both at a professional and personal level, being conscious of duties and responsibilities towards: Ourselves; Our colleagues and staff; Our Customers and Consumers; The Environment; Civil Society; Our Shareholders and Financial Markets; Our Business Partners and Our Competitors.

Kering’s Compliance Program meant to ensure that a culture of high performance with integrity is diffused and includes the following Anti-corruption & Competition/antitrust policies and procedures: Anti-corruption policy; Gift, hospitality, entertainment and travel procedure; Donations and sponsorship procedure; Third party due diligence procedure; Conflict of interests procedure; Competition law policy; Trade associations membership procedure; Kit on competition investigations.

The Kering Code of Ethics and Compliance Program applies to every Volcom employee.

Training

Our Compliance Department continuously engages in online tutorials and webinars to continue their training and deepen their knowledge regarding slavery and human trafficking laws.

In addition to this online training, members of the design, merchandising, production, compliance, and legal teams came together on December 2, 2011 for a Corporate Social Responsibility seminar hosted by Intertek, which focused on indentifying and mitigating risks in the supply chain, particularly regarding factories’ employment practices. Volcom plans to continue this training by conducting one-on-one meetings for new hires or for employees with new responsibilities in the relevant area, as well as major group trainings whenever there are new developments within slavery and human trafficking enforcement.

Our auditing partners provide compliance seminars in China that our vendors can attend. Vendors are always welcome to contact Volcom’s Compliance Department at any time with regards to any compliance questions or concerns, and the Department will work with them to resolve any issues they may have.

Consumer Education

Volcom has always been supportive of its most avid fans. We hope that our customers are as dedicated to eradicating slavery and human trafficking as we are. We would appreciate the opportunity to answer any questions regarding our supply chain transparency and compliance procedures.

Volcom is pleased to present this information for compliance with The California Transparency in Supply Chains Act, which we feel is a good tool to enable companies to explain their personal efforts to eradicate the practice of slave labor and human trafficking. Hopefully, with our fellow brands’ help, our combined statements will make a large impact on these dark areas of the industry and help move us towards a fairer manufacturing future.

Compliance Portal

volcom.texbase.com is a website providing public access to CPSIA Certificates created in TEXbase.

VOLCOM.COM Mobile Alerts (SMS) Terms and Conditions

Please read these terms of use carefully before using this website.

Last Revised March 29, 2017

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.

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

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

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.

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