Privacy matters. Patagonia, Inc., and its parent, subsidiaries and affiliates (collectively, “Patagonia,” “we,” or “us”) recognizes the importance of our customers’ privacy, and takes a number of steps to protect that privacy. The following discloses the information gathering and dissemination practices for information collected through the mail, Patagonia retail stores and wholesale accounts, Patagonia.com and Patagonia mobile services (collectively, the “Patagonia Services”).
Collection and Use of Non-Personal Information
Session Analytics Information. We may automatically collect non-personally identifiable information about your hardware devices (i.e., your computer or mobile device) when you access the Patagonia Services. For example, when you visit Patagonia.com (the “Site”), we may collect your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer or mobile device whenever you access the Internet, as well as information about the type of Web browser software you use and the referring Web site. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our service and to administer the Site. Similarly, when you use the Patagonia mobile application (the “App”), we may collect information about the type of mobile device you use and your geographic location. We may also collect information about your activity on our Site or App, such as the time and duration of your visit, the sections of the Site or Application that you visit, the search terms you use, and the products you add to your shopping cart. We use Google Analytics on our website. Please click here for more information about how data is collected and processed in connection with this service: www.google.com/policies/privacy/partners/.
Cookies do not collect personally identifiable information. Cookies may remain on your hard drive or device after you cease using the Patagonia Services. You may decline to accept cookies by modifying your Web browser settings. If you choose to decline cookies, however, you may not be able to sign up for or use certain features of the Patagonia Services that depend on your Web browser accepting cookies.
Geographic Location. In addition to the non-personally identifiable information described above, the App uses the GPS feature of your mobile device to determine your geographic location. This information is used to provide you with the address of -- and directions to -- the nearest Patagonia store location. This information is also useful, in the aggregate, to help us understand where our customers are so that we can better serve them. We do not store any information about customer geographic location in combination with personally identifiable information. If you would prefer that we not know your geographic location, you may disable the function when you first use the App (or later, if your mobile device allows you to change the settings after initial download). Disabling the geolocation function may prevent you from using certain features of the App (such as the store locator) that require such information.
Collection of Personal Information
Personal Information You Provide. We may collect and store any personally identifiable information that you choose to provide in connection with your use of the Patagonia Services. This may include personally identifiable information (such as your first and last name, shipping address, billing address, email address, phone number and credit card number) that we need in order to process your orders, communicate with you, or provide you with services that you request. For example, through order forms on our Site, the App, and in our catalog, and through signups for our mailing list located in our retail stores and at our wholesale accounts, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).
App Download. When you download the App, or request to receive it through Apple’s App Store, we receive and store limited personal information that identifies you, such as your first and last name and email address, and we may associate that information with the fact that you downloaded the App.
Personal Information from Other Sources. Personal information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalog more easily.
Uses of Personal Information About You
Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and, with your consent, to send you information about our company. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below.
If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and of potential employment opportunities with Patagonia that you may find of interest, and of other events taking place in our stores near you. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below.
We use your shipping address to ship your products to you and, with your consent, to send you catalogs and other mailings. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below.
Disclosures of Personal Information About You
We do not disclose personal information about you to other companies, persons or agencies, except for the purposes described below:
Service Providers: We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.
Affiliates and Partners: Sometimes we send offers to selected groups of Patagonia customers on behalf of our affiliated companies, such as Water Girl USA, Lotus Designs, and Fletcher Chouinard Designs, and on behalf of other nonaffiliated partners such as Conservacion Patagonica, and 1% For The Planet, Inc., among others.
Sharing: We may share your first and last name and postal address with other reputable companies so they may send you catalogs about products of potential interest. We do not share credit card information or email address with these third parties. If you prefer that we not share your name and postal address with other companies, please see “How to remove your name from our mailing, sharing or email list” section below.
Retention and Storage of Your Personal Information
We retain and store your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws.
How to Remove your Name from Our Mailing, Sharing or Email List
You may choose to receive or decline communications from us at the point where we request information about you. You also may use the following options for removing your information from our database so as not to receive future communications, or to no longer receive our service, or to not share your name and address with other companies.
1. You may send an email to firstname.lastname@example.org
2. You may send mail to the following address:
8550 White Fir St.
Reno, Nevada 89533
3. You may call the following telephone number: 1-800-638-6464
4. In commercial emails that we send you, you may use the “opt out” or “unsubscribe” option included in the email itself.
How to Correct Your Information on Our Mailing, Sharing or Email List
You have the following options for changing and modifying information previously provided.
1. You may send an email to email@example.com
2. Send mail to the following postal address:
8550 White Fir St.
Reno, Nevada 89533
3. Call the following telephone number: 1-800-638-6464
Protection of Personal Information
We want you to feel confident about using and making purchases through the Patagonia Services, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.
We do not sell merchandise for purchase by children via the Patagonia Services. If you are under the age of majority in your jurisdiction of residence, you may use the Patagonia Services only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
How to contact Us
If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways
1. You may send an email to firstname.lastname@example.org
2. You may send mail to the following postal address:
8550 White Fir St.
Reno, Nevada 89533
3.You may call the following telephone number: 1-800-638-6464
EFFECTIVE DATE: May 1, 2013
Welcome to Patagonia.com and Patagonia mobile services (the “Patagonia Electronic Platforms”). The Patagonia Electronic Platforms are hosted by Patagonia, Inc. and its parent, subsidiaries and affiliates (collectively, “Patagonia,” “we,” or “us”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Patagonia Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
Patagonia does sell products for children, but it does not sell products to children. Patagonia only sells products to adults, who are the age of majority in their jurisdictions of residence, who can purchase them with a credit card. Patagonia reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Patagonia believes that user conduct violates applicable law or is harmful to the interests of Patagonia or its affiliates.
Patagonia® is a registered trademark of Patagonia, Inc. in the United States and other countries. The following marks indicated on the Patagonia Electronic Platforms are trademarks or registered trademarks of Patagonia in the United States and other countries, with all rights reserved:
A/C®, Beneficial T’s®, Better Sweater™, Biomap®, Capilene®, Capilene Core Performance®, Committed to the Core®, Core Temp®, Critical Mass®, Deluge®, El Cap™, Encapsil™, Enlightened Layering®, Flowfit®, Footprint Chronicles®, Gladiodor®, Great Pacific®, Great Pacific Iron Works®, Great Pacific Patagonia®, H2No®, Houdini®, Human Curve®, KMRP®,Leading the Examined Life®, Live Simply™, Locean®, Lotus Designs®, Marlwalker®, M.L.C.®, Micro D™, Micro D-Luxe®, Marlwalker®, Nano Down™, Nano Dynasty™, Nano Puff®, Nano Storm™, P.E.F.®, Pataguides™, patagonia.com®, Patagonia®, Patagonia Music®, Patagonia Podcast™, Patagonia Provisions™, Patagonia Surfboards®, Patagonia Tin Shed™, Patagonia University™, Pataloha®, PCR®, Phunhog™, Puckerware®, R1®, R2®, R3®, R4®, Regulator®, Runshade®, Ryno Weave®, ®, Skanorak®, Snap-T®, Sol Patrol™, Stand Up Shorts®, Stand Up Pants®, Stormfront®, StretchCoat®, Switchback™, Synchilla®, The Cleanest Line®, The Footprint Chronicles®, The Forge™, Thermogreen®, Uncommon Clothes for Uncommon People®, Voice Your Choice™, Water Girl®, and World Trout®.
1% For The Planet®, registered trademark of 1% For The Planet, Inc.; 3M®, registered trademark of 3M Corp; Ace®, registered trademark of Becton Dickinson and Company; Adventure 16®, registered trademark of Adventure 16, Inc.; Amazon®, registered trademark of Amazon Technologies, Inc.; American Association of Snowboard Instructors®, registered trademark of Professional Ski Instructors of America Education Foundation Corp.; Antron®, registered trademark of DuPont, Inc.; Armortan®, registered trademark of Pittards Corporation; Bluesign®, registered trademark of Bluesign Technologies AG; Biowool®, registered trademark of L. Tompayrac; Clarino®, registered trademark of Kuraray Company, Ltd.; Climashield®, registered trademark of Western Nonwovens, Inc.; Coolmax®, registered trademark of INVISTA; Cordura®, registered trademark of INVISTA; Dri-Lex®, registered trademark of Faytex Corp.; DuraFlex®, registered trademark of DuraFlex Hong Kong Ltd.; ECOCIRCLE™, trademark of TEIJIN Fibers Ltd.; Ecospun®, registered trademark of Wellman, Inc.; Ecostep®, registered trademark of Vibram USA, Inc. Corporation; Ecotrust®, registered trademark of Ecotrust, Inc.; Ensolite®, registered trademark of Ensolite, Inc.; ESP®, trademark of Hoechst Celanese, Corp.; Facebook®, registered trademark of Facebook, Inc.; Fastex®, a registered trademark of Illinois Tool Works, Inc.; FasTrak™, trademark of YKK, U.S.A., Inc.; Flexfit®, registered trademark of Yupoong Inc.; Fortrel®, registered trademark of Wellman, Inc.; Frisbee®, registered trademark of Wham-O, Inc.; FSC©, trademark of Forest Stewardship Council, A.C. Association; Genuine Swiss Army Knife®, registered trademark of Wenger S.A. Corporation Switzerland; Google®, registered trademark of Google, Inc.; Gore Seam®, registered trademark of W.L. Gore & Associates, Inc.; Gore™ technologies, registered service mark of W.L. Gore & Associates, Inc.; Gore Windstopper®, registered trademark of W.L. Gore & Associates, Inc.; GORE-TEX®, registered trademark of W.L. Gore & Associates, Inc.; Gore-Tex XCR®, registered trademark W.L. Gore & Associates, Inc.; Hardface®, registered trademark of ADS Properties Corp.; Heavenly®, registered trademark of Heavenly Valley Limited Partnership; Hexentric®, registered trademark of Black Diamond Equipment, Ltd.; Hollofil®, registered trademark of E.I. duPont de Nemours and Co.; Hydrofil®, registered trademark of Allied-Signal, Inc.; Hypalon®, registered trademark of E.I. duPont de Nemours and Co.; iPad® is a registered trademark of Apple Inc.; iPhone®, trademark of Apple, Inc.; Kindle® is a registered trademark of Amazon Technologies, Inc.; L.L. Bean®, registered trademark of L.L. Bean, Inc.; Lezanova®, registered trademark of Daikin Industries, Ltd.; Lintoe®, registered trademark of Fabritex S.r.l., LLC; Loctite®, registered trademark of Henkel Corp.; Mack®, registered trademark of Mack Trucks, Inc.; Microloft®, trademark of DuPont, Inc.; Lenzing Modal®, registered trademark of Lenzing Aktiengesellschaft Corporation; Motorola®, registered trademark of Motorola, Inc.; Nikwax®, registered trademark of Nikwax Ltd.; NOOK® is a registered trademark of BARNESANDNOBLE.COM LLC; PacLite®, registered trademark of W.L. Gore & Associates; Polarguard®, registered trademark of Hoechst Celanese Corp.; Polartec®, registered trademark of Polartec, LLC; POLI-CORK®, registered trademark of Logic Australia Pty., Ltd. Corporation; Power Dry®, registered trademark of Polartec, LLC; Power Shield®, registered trademark of Polartec, LLC; Power Stretch®, registered trademark of Polartec, LLC; Professional Ski Instructors of America®, registered trademark of Professional Ski Instructors of America Education Foundation Corp.; Quallofil®, registered trademark of INVISTA North America S.A.R.L.; ririAQUAzip®, registered trademark of riri, inc.; Scotchlite®, registered trademark of 3M Co., Inc.; SealCoat™, trademark of Black Diamond Equipment, Ltd.; Supplex®, registered trademark of INVISTA; Technora®, registered trademark of Teijin Limited; Tencel®, registered trademark of Lenzing Aktiengesellschaft Corporation; Thermal Pro®, registered trademark of Polartec, LLC; Thermolite®, registered trademark of INVISTA; Thermolite® Micro, registered trademark of INVISTA; Thinsulate™, trademark of 3M Corp.; TIZIP®, registered trademark of Titex Vertriebs-GmbH; Twitter®, registered trademark of Twitter, Inc.; YouTube®, registered trademark of Google Inc.; Velcro®, registered trademark of Velcro Industries B.V.; Vibram®, registered trademark of Vibram S.P.A. Corporation; Wind Pro®, registered trademark of Polartec, LLC; Windbloc®, registered trademark of Polartec, LLC; WINDSTOPPER®, registered trademark of W.L. Gore & Associates; Wolverine World Wide, Inc. is a licensee of Lost Arrow Corporation; and YKK®, registered trademark of YKK Corp.
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 Patagonia or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Patagonia 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 Patagonia Electronic Platforms confers on you any license or right under any patent or trademark of Patagonia or any third party.
Patagonia’s patents include the following: change-safe pocket design (M’s Tropical Flats Pants & Shorts and Gi II Pants & Shorts) protected under U.S. patent #5,638,549; securing apparatus for clothing (glove) protected under U.S. patent #5,263,202; modular backpack and utility vest, protected under U.S. patent #5,639,005; method for manufacturing soft cloth durable luggage, protected under U.S. patent #6,003,646; and wetsuit patent, protected under U.S. patent #7,395,553.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Patagonia Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Patagonia 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, translating, performing, downloading, republishing, posting or transmitting any of the contents of the Patagonia Electronic Platforms for any purposes, except for personal use, as described below. Nothing stated or implied on the Patagonia Electronic Platforms confers on you any license or right under any copyright of Patagonia or any third party.
The Patagonia Electronic Platforms 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 Patagonia Electronic Platforms, or use the contents of the Patagonia Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Patagonia or its lawful successors and assigns. For usage permission, Contact Us.
Notice of Copyright Infringement
Patagonia respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Patagonia Electronic Platforms, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
If you believe that your work has been copied and is accessible on the Patagonia Electronic Platforms in a way that constitutes copyright infringement, please provide Patagonia’s Copyright Agent with the following information:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Patagonia Electronic Platforms that is requested to be removed;
Your name, address, and daytime telephone number, and an email address if available, so that Patagonia may contact you if necessary;
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;
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 that is allegedly infringed, and
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.
Patagonia’s Copyright Agent for notice of claims of copyright infringement on the Patagonia Electronic Platforms is Patagonia’s General Counsel, who can be reached as follows:
Attn.: General Counsel
259 W. Santa Clara Street
Ventura, CA 93001
License and Access to Patagonia Electronic Platforms
Patagonia grants you a limited, non-transferable, revocable, non-exclusive license to access and make personal use of the Patagonia Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Patagonia. This license does not include any resale or commercial use of the Patagonia Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Patagonia Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Patagonia Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Patagonia. 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 Patagonia and our affiliates without our express written consent. You may not use meta tags or any other hidden text using Patagonia’s name or trademarks without the express written consent of Patagonia. Any unauthorized use terminates the permission or license granted by Patagonia.
You are granted a limited, revocable, non-transferrable and non-exclusive right to create a hyperlink to any page of Patagonia so long as the link does not portray Patagonia or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Patagonia logo or other proprietary graphic or trademark as part of the link without our express written permission.
Third Party and Co-Branded Web Sites
The Patagonia Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Patagonia (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Patagonia to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Patagonia Electronic Platforms. PATAGONIA 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.
You agree to comply with all applicable law in connection with your use of the Patagonia Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Patagonia. As a condition of your use of the Patagonia Electronic Platforms, you warrant that you will not use the Patagonia Electronic Platforms 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 monetary transaction interaction with the Patagonia Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges, including delivery fees and customs duties, incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Patagonia or any co-branded Web Site 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 monetary transaction interactions.
By using the Patagonia Electronic Platforms, you agree not to violate or attempt to violate the security of the Patagonia Electronic Platforms, including, without 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 Patagonia Electronic Platforms;
Sending unsolicited email, including promotions and/or advertising of products or services,
Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased directly or indirectly from the Patagonia Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Patagonia. Title to products purchased on the Patagonia Electronic Platforms, as well as the risk of loss for such products, passes to you when Patagonia delivers these items to the carrier.
Patagonia attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Patagonia Electronic Platforms are accurate, complete, reliable, current, or error-free. Most Patagonia products displayed on the Patagonia Electronic Platforms are available in select retail stores in the United States and Canada and other select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Patagonia Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Patagonia Electronic Platforms are quoted in U.S. Dollars and are subject to change. Patagonia reserves the right to correct, at any time, any pricing errors. Prices may vary by store, and prices in stores may vary from online prices.
We have made every effort to display as accurately as possible the colors of our products that appear on the Patagonia Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
The Patagonia Guarantee
Patagonia guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to Patagonia for repair, replacement, or refund in accordance with Patagonia’s warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE PATAGONIA ELECTRONIC PLATFORMS ARE PROVIDED BY PATAGONIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATAGONIA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS IMPLIED, OR COLLATERAL AS TO THE OPERATION OF THE PATAGONIA ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE PATAGONIA ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE PATAGONIA ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE PATAGONIA ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE PATAGONIA ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE PATAGONIA ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE PATAGONIA ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PATAGONIA ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATAGONIA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR OR GENERAL PURPOSE.
IN NO EVENT WILL PATAGONIA, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PATAGONIA ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PATAGONIA ELECTRONIC PLATFORMS, 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 PATAGONIA ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO PATAGONIA THROUGH THE PATAGONIA ELECTRONIC PLATFORMS; 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 JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS 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 TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
Applicable Law and Disputes
(Not applicable to Quebec consumers) 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.
(Not applicable to Quebec consumers) To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to Patagonia or to products you purchase through Patagonia shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Patagonia’s intellectual property rights, Patagonia may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, or in any court of competent jurisdiction, 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. For Quebec consumers: This Agreement and any dispute of any sort that might arise between you and Patagonia shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
You agree to defend, indemnify, and hold harmless Patagonia and its affiliates, successors and assigns, 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 legal and professional fees and other legal and professional expenses, and judgments of any kind of nature, incurred by Patagonia arising out of or relating to your use of the Patagonia Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Patagonia Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Patagonia Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Patagonia Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Patagonia as a result of this Agreement or your use of the Patagonia Electronic Platforms. Nothing contained in this Agreement is in derogation of Patagonia’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Patagonia Electronic Platforms or information provided to or gathered by Patagonia 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 Patagonia 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 the Patagonia Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Patagonia and you regarding the Patagonia Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
Patagonia’s headquarters are located in the United States, and the Patagonia Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Patagonia Services, may be processed, stored and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Patagonia Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States. For more information about our policies and practices related to the use of foreign service providers, please contact our Privacy Officer as described above.
EFFECTIVE DATE: May 1, 2013