Element Support

Orders placed with a standard shipping method will take 2-3 business day to process.

If you selected an expedited shipping method, the processing time is 1-2 business days.

You will receive a shipping confirmation email once the order has shipped from our warehouse. It will contain information to track your order. You can also view the tracking information by

clicking here. Please keep in mind that delivery time frame begins calculating once order has shipped from the warehouse.

Unfortunately, we are unable to modify or cancel an order once it has been placed. You are welcome to return items if you no longer wish to keep once they are received.

Unfortunately, orders or parts of an order may be cancelled by our system for various reasons.

Possible reasons include:

• - We are unable to ship to the address provided.
• - Your item has become unavailable at the time of packing.
• - We are having difficulty processing your payment information.

If your order/ item(s) are cancelled, you will receive notice via email. Please keep in mind that you will not be charged for any cancelled item(s)/ order.

RETURN GUIDELINES

If the item(s) your returning meet our Return Policy please see instructions below.

• Merchandise must be returned within 30 days from the date of purchase.
• Customers are responsible for any return costs.
• We suggest obtaining proof of return and retaining it until your refund has been processed.
• You will be notified via email throughout your package journey and once your refund has been approved.
• Returns will be processed within 5-7 days of arrival at our warehouse.
• Once approved, allow 2-4 business days for funds to appear in your account.
• Please include the original order number on the package.
• Please select a carrier of your choice and send any unwanted items to the following address:

Elementbrand.com
C/O A52 Returns
2360 192 St. Unit #110
Surrey, BC V3Z 0N2

Canada Shipping Only.

Methods & Timelines

Taxes/Duties: All orders shipped to Canada may be subject to import duties and taxes that are levied and collected during checkout. There will not be any additional costs billed upon delivery.

CAN PO Box Shipping:  We are unable to service PO Boxes at the moment. Please make sure to enter a physical address to avoid any issues with your shipment. 

Economy Order Processing: Allow 2-3 business days (excluding weekends & all U.S. federal holidays) for processing before order ships from our warehouse.

Delivery Time: Time begins calculating once order has shipped from the warehouse. Please allow 24 hours for your tracking number to update from when the order has shipped.

Expedited shipping is temporarily unavailable. 

Join the My Element loyalty program for free shipping and other awesome perks. Click here to sign up!

Please visit our Order Status and Returns Page to check the current status of your order by clicking here. 

Please Note: Orders can take 1-3 business days to process before shipping depending on your selected shipping method.

Orders placed with a standard shipping method will take 2-3 business day to process. If you selected an expedited shipping method, the processing time is 1-2 business days.

Delivery Timeframe begins calculating once order has shipped from the warehouse.

Unfortunately, we are unable to service PO Boxes at the moment. Please make sure to enter a physical address to avoid any issues with your shipment.

There can be multiple reasons why your tracking states delivered but you have not received your package. 

• Carrier Hand Off: Some packages travel through multiple carriers.
• Example: You may receive a UPS tracking number, but USPS may complete the final delivery.
• In rare cases, packages may say delivered up to 48 hours before arrival depending on carrier.
• Look for a notice of attempted delivery.
• Look around the delivery location for your package. Some carriers may hide packages to avoid theft.

If your package states delivered and you have yet to receive it after 48 hours, please contact customer service here. 

Canada Returns Only.

RETURN POLICY

• Merchandise can only be returned if purchased online directly from ELEMENTBRAND.COM
• Merchandise must be returned within 30 days from the date of purchase.
• Merchandise must be in original condition.
• Items listed as FINAL SALE cannot be returned for a refund.
• Shipping charges incurred during checkout are not refundable.
• Packages that arrive COD may be denied, or the COD amount may be deducted from your return.

NON-ELEMENT RETURN

Please ensure you return the correct item(s) when making a return. ​Element​​ is not responsible for non-Element​​ items shipped back to us in error. No compensation will be provided for incorrect items sent to Element.

RETURN GUIDELINES

• Customers are responsible for any return costs.
• We suggest obtaining proof of return and retaining it until your refund has been processed.
• Please select a carrier of your choice and send any unwanted items to the following address:

ELEMENTBRAND.COM

C/O A52 Returns

2360 192 St. Unit #110

Surrey, BC V3Z 0N2

You will be notified via email throughout your package journey and once your refund has been approved. 

Returns will be processed within 5-7 business days of arrival at our warehouse. Once approved, allow 2-4 business days for funds to appear in your account.  

Unfortunately, we are unable to create exchanges. We can only accept returns from purchases made online directly at elementbrand.com. 

RETURN GUIDELINES

If the item(s) your returning meet our Return Policy please see instructions below.

• Merchandise must be returned within 30 days from the date of purchase.

• Customers are responsible for any return costs.
• We suggest obtaining proof of return and retaining it until your refund has been processed.
• You will be notified via email throughout your package journey and once your refund has been approved.
• Returns will be processed within 5-7 days of arrival at our warehouse.
• Once approved, allow 2-4 business days for funds to appear in your account.
• Please include the original order number on the package.
• Please select a carrier of your choice and send any unwanted items to the following address:

ELEMENTBRAND.COM
C/O A52 Returns
2360 192 St. Unit #110
Surrey, BC V3Z 0N2

Returns can be sent back to the address below. Please select a carrier of your choice. 

Please Note: Once your return has been received, allow for 7-10 business to complete.

ELEMENTBRAND.COM

C/O A52 Returns

2360 192 St. Unit #110

Surrey, BC V3Z 0N2

Returns are required to be sent back using a carrier of the customers choice. We recommend tracking the package based on the selected carrier. Once the package has been received by our facility, please allow 7-10 business days to complete.

Additional processing time may occur based on your financial institution.

Once a return has been sent back, please allow for the required transit time based on your selected carrier/method.

Once the return has been received by our facility, allow and additional 7-10 business days for the refund to be completed back to your original form of payment.

Boardriders warrants all apparel to be free of defects in material or workmanship for a period of ninety (90) days from the original date of purchase, when purchased from an authorized dealer. The apparel warranty covers defect of workmanship and materials, but does not cover damage caused by accident, improper care, negligence, normal wear and tear, or the natural breakdown of colors and material through time, exposure or extensive use.  If a boardriders product is found to be defective after inspection by a warranty technician, boardriders will repair or replace the product with an existing comparable model at the technician’s discretion. Boardriders is not liable for any damages, losses and/or costs incurred resulting from the loss or usage of our products. 

Repaired or replaced products are covered for the remainder of the original warranty

To initiate a warranty claim:

Please contact warranty.Usa@boardriders.Com  when doing so, please include:

• Your name
• Product number/color/size
• Brief description of the issue that you are encountering with the product
• Photos of the defective area
• Copy of the original proof of purchase

Once we receive your email, one of our warranty coordinators will reach out to you with the next steps to get your claim processed.

Warranty claim shipments sent in without prior approval will be returned to sender

Shipping

Customers are responsible for all costs incurred on shipping warranty item(s) to boardriders. Boardriders will cover shipping cost on replacement or repaired item(s) shipping back to the customer.

Boardriders is not liable for any items lost.

To Initiate a warranty claim:

Please contact warranty.usa@boardriders.com When doing so, please include:

• Your name
• Product number/Color/Size
• Brief description of the issue that you are encountering with the product
• Photos of the defective area
• Copy of the original proof of purchase

Once we receive your email, one of our warranty coordinators will reach out to you with the next steps to get your claim processed. Warranty claim shipments sent in without prior approval will be returned to sender.

Once we receive your email, one of our warranty coordinators will reach out to you with the next steps to get your claim processed via email. Warranty claim shipments sent in without prior approval will be returned to sender.

Please allow up to 7-10 business days for your claim to be received and processed. If you have not heard back regarding your claim please email out warranty team at warranty.usa@boardriders.com. 

No, promo codes do not require any type of activation.

Yes, all promo codes have their own exclusions. You can check the exclusions on the bottom or back of the promo code.

Please Note: Most exclusions include wetsuits, third party goods, hard goods, snow apparel, and limited edition.

Yes, all promo codes have their own expirations dates. You can check the expiration date on the bottom or back of the promo code near the exclusions.

If the promo code applies to an item or the order total, the order summary will display the discount that was applied.

Certain offers will still apply with the use of a promo code. Keep in mind each offer has it's own rules/exclusions.

Exclusions are usually located on the bottom or back of the promo offer.

Promo codes need to be entered at the time of checkout.

Physical Element gift cards are available for purchase only at select retail stores. E-gift cards are not offered at this time. To see if you have a store near you please click here.

Physical Element gift cards are available for purchase only at select retail stores. E-gift cards are not offered at this time. To see if you have a store near you please click here. 

We accept apple pay, PayPal, Visa, Mastercard, American Express and Discover. You may also use some prepaid gift cards as long as you have pre-registered them with your current address.

Canadian Tax & Duty

Any order being shipped to Canada may be subject to import duties and taxes that are levied and collected during checkout. A summary of these charges will be included in the Tax & Duty fee line. The order total presented at checkout will be the exact amount that you will be billed. There will not be any additional costs billed upon delivery.

We do not charge sales tax on the purchase of Gift Certificates. However, items purchased with Gift Certificates will be taxed if shipped to the Country mentioned above.

Online purchases are not billed until they are confirmed as shipped. A temporary authorization hold is placed on the card at the time of check out then charged once your order has shipped with the exception of custom product.

Unfortunately, After pay is only applicable for US residents.

Unfortunately, AfterPay is only applicable for US residents.

Canadian Tax & Duty

Any order being shipped to Canada may be subject to import duties and taxes that are levied and collected during checkout. A summary of these charges will be included in the Tax & Duty fee line. The order total presented at checkout will be the exact amount that you will be billed. There will not be any additional costs billed upon delivery.

We do not charge sales tax on the purchase of Gift Certificates. However, items purchased with Gift Certificates will be taxed if shipped to the Country mentioned above.

Element: Deck Giveaway Sweepstakes 2022

Official Rules

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
Void where prohibited by law. 

1. Sweepstakes Timing:Element: Deck Giveaway Sweepstakes 2022 (“Sweepstakes”) begins at 8:00 AM Pacific Standard Time (“PST”) on August 18, 2022 and ends at 11:59 PM PST on September 30, 2022 (the “Sweepstakes Period”). The time shall be determined by Sponsor’s or the applicable platforms’ timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness related to this Sweepstakes.
2. Eligibility: The Sweepstakes is open to legal residents of the 50 United States (including the District of Colombia) and Canada (excluding Quebec), who are the age of majority or older (e.g., 18, 19, or 21) in their state of residence as of the date of entry. Employees of Boardriders Wholesale, LLC (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including the Disney Entities (defined as Disney Consumer Products, Inc., Lucasfilm Ltd. LLC, The Walt Disney Company, and their respective parent, subsidiary, affiliated, or successor companies and divisions), vendors providing services in connection with this Sweepstakes (collectively, the “Sweepstakes Entities”), including members of their immediate family or those living in the same household are not eligible to participate.
3. How to Enter: During the Sweepstakes Period, go to Element Brand’s Facebook,or Instagram pages, click on the sweepstakes button or advertisement and fill in all the fields on the entry form. You will receive one (1) entry (“Entry”) into the Sweepstakes. Limit one (1) Entry per person regardless of method of entry. Any attempts to submit more than one Entry will result in such entrant being disqualified. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the applicable email or social media account used on the Entry. The authorized account holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. By entering, each entrant agrees to be bound by these Official Rules.
4. Winner(s) Selection/Odds of Winning: One winner will be selected in a random drawing conducted by Sponsor or its designee, on or about October 5, 2022 based on all eligible entries received. Odds of winning a prize depends on the number of eligible entries received.
5. Winner Notification: Potential winner(s) will be notified by email, from Sponsor on or about October 10, 2022. Potential winner(s) must respond to the notification message and provide all requested information within forty-eight (48) hours of the first contact or attempted contact from Sponsor or the potential prize may be forfeited. In addition, a potential winner from Canada, if any, will be required to correctly answer a mathematical skill-testing question without aid or assistance before being declared a “Winner”. To claim any prize, Sponsor may require potential winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents, which may require a social security number and may need to be notarized, before claiming the prize. All required documents must be completed and returned to Sponsor within two (2) days of the date and time listed on the documents. Potential winners may be required to produce a form of proper identification to claim the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sponsor may select an alternate winner via random drawing from among the remaining eligible entries. If by reason of printing or other error, more prizes are claimed set forth above, a random drawing will be held to award the advertised number of prizes in the relevant category. No more than the advertised number of prizes be awarded.
6. Prize(s) and Approximate Retail Values (“ARVs”): One (1) prize will be awarded to one (1) “Winner” as determined in accordance with these Official Rules, that consists of the Element x Star Wars Deck series, consisting of 5 skateboard decks with an ARV of $325. Prize includes the decks only and does not include grip, wheels, trucks/brushings, bolts or bearings. The prize has no cash value, can only be used for currently available merchandise in the available colors and sizes on the corresponding website. All prizes are “AS IS” without any warranty of any kind, express or implied. No substitution, redemption for cash, return, exchange or transfer of prizes will be made or is permitted except in Sponsor’s sole discretion. All federal, state and local taxes, related to the prizes, are the sole responsibility of the Winner. If provided via an ecommerce voucher, the voucher may will be subject to additional terms and conditions, and may have certain product exclusions and expiration dates. Any items purchased with or amounts unused on the voucher may not be exchanged for cash.  See voucher terms and condition for all details and any restrictions.  The prize will be shipped, at Sponsor’s expense, to the Winner at the physical address in the US provided by the Winner at time of notification within 60 days. US or Canada physical addresses only, no PO boxes. The risk of loss and title for the prize passes to Winner upon Sponsor’s delivery to the third-party carrier or at the delivery point to the Winner’s shipping address.
7. Publicity & Marketing: Submission of an Entry constitutes permission to Sponsor to use entrants’ name, likeness, image, picture (whether still or moving), screen persona, statements, biographical data, and any other indicia of identity for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of personal information in connection with this Sweepstakes (whether or not required) constitutes permission for Sponsor to use such personal information for purposes of administration of the Sweepstakes and for the purposes permitted by Sponsor’s Privacy Policy at including marketing messages. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., “Unsubscribe” link). You understand that you are providing your information to Sponsor.
8. General Terms: The Sweepstakes is subject to all applicable federal, state, and local laws and void where prohibited. Decisions of Sponsor on all matters are final and binding. Sponsor reserves the right to cancel or modify this Sweepstakes and to disqualify any entrant for any reason, in its sole discretion, including (but not limited to) if, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If such cancelation occurs, Sponsor reserves the right to select the winners from among the eligible entries received. Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. The Sweepstakes Entities are not responsible for, including but not limited to, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO ANY FRAUDULENT CLAIMS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
9. Releases: By entering this Sweepstakes, you agree to release, discharge and hold harmless Sponsor, the Sweepstakes Entities (including, without limitation, the Disney Entities), and their respective directors, officers, employees, agents and from any claims, losses, and damages arising out of, or relating to, your participation in this Sweepstakes or any Sweepstakes-related activities (including, without limitation, events, travel, etc.) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any non-compliance by you with these Official Rules; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in connection with the Sweepstakes or prize.
10. Disputes: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the applicable courts in Orange County, California. All issues and questions concerning these Official Rules and entrant’s or Sponsor’s rights and obligations, shall be governed by, and construed in accordance with the laws of State of California, without regard to choice or conflict of law rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms and if the invalid or illegal provision were not contained herein.
11. Third Party Platforms: The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram (collectively, the “Social Network”). By participating, you release the Social Network and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize.
12. Winner List: To obtain the Winner name(s) send a self-addressed, stamped envelope to: Legal Department, ATTN Element Deck Giveaway Sweepstakes, 5600 Argosy Ave., #100, Huntington Beach, CA 92648, USA, with a written request by January 31, 2023.
13. Sponsor. The Sponsor of the Sweepstakes is Boardriders Wholesale, LLC, having an address of 5600 Argosy Circle, #100, Huntington Beach, CA 92649. ElementBrand.com.  Element and the Element Logos are trademarks or registered trademarks of Sponsor in the USA and other countries. Other names may be trademarks of  their respective owners.  Any questions regarding this Sweepstakes should be directed to Sponsor at: legal.usa@boardriders.com.  This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, the Disney Entities.

ELEMENT: Public Enemy Sweepstakes

Official Rules

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
Void where prohibited by law. 

1. Sweepstakes Timing: Element: Public Enemy Acquisition Sweepstakes (“Sweepstakes”) begins at 9:00 AM Pacific Standard Time (“PST”) on March 28, 2022 and ends at 9:00 PM PST on April 18, 2022 (the “Sweepstakes Period”). The time shall be determined by Sponsor’s or the applicable platforms’ timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness related to this Sweepstakes.
2. Eligibility: The Sweepstakes is open to legal residents of the 50 United States and Canada, who are 13 years of age or older as of the start date of the Sweepstakes Period. Void in Puerto Rico, Quebec and where prohibited by law. Any entrant under the age of majority (e.g., 18, 19 or 21) in the jurisdiction in which such entrant resides must have his or her parent’s or legal guardian’s express permission to participate in the Sweepstakes in order to be eligible to participate in the Sweepstakes, and such parent or legal guardian must read and consent to the terms and conditions of these Official Rules. Employees of Boardriders Wholesale, LLC (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (collectively, the “Sweepstakes Entities”), including members of their immediate family or those living in the same household are not eligible to participate.
3. How to Enter for Free: During the Sweepstakes Period, you may enter for free by visiting http://www.elementbrand.com, clicking on the sweepstakes page or image and completing the entry form during the Sweepstakes Period with your name, date of birth, state/province of residence, email address, etc. (“Entry”).

Upon completing these steps, you will receive one Entry into the Sweepstakes. Limit one Entry per person, per email. Any attempts to submit more than one Entry will result in such entrant being disqualified. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the applicable email account used to enter the Sweepstakes. The authorized account holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. By entering, each entrant (or such entrant’s parent/guardian if entrant is under the age of majority in such entrant’s jurisdiction of residence) agrees to be bound by these Official Rules.

4. Winner(s) Selection/Odds of Winning: The winner will be selected in a random drawing conducted by Sponsor or its designee, on or about April 19, 2022 based on all eligible entries received. Odds of winning a prize is dependent upon the number of eligible entries received.
5. Winner Notification: Potential winner(s) will be notified by email from Sponsor on or about April 22, 2022. Potential winner(s) must respond to the notification message and provide all requested information within seven (7) days of the first contact or attempted contact from Sponsor or the potential prize may be forfeited. To claim any prize, Sponsor may require potential winner(s) (or such potential winner’s parent/guardian if they are under the age of majority in their jurisdiction of residence) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents, which may require a social security number and may need to be notarized, before claiming the prize. In addition, a potential winner from Canada, if any, will be required to correctly answer a mathematical skill-testing question without aid or assistance before being declared a “Winner”. All required documents must be completed and returned to Sponsor within seven (7) days of the date and time listed on the documents. Potential winners may be required to produce a form of proper identification to claim the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sponsor may select an alternate winner via random drawing from among the remaining eligible entries. If by reason of printing or other error, more prizes are claimed set forth above, a random drawing will be held to award the advertised number of prizes in the relevant category. No more than the advertised number of prizes be awarded.
6. Prize(s) and Approximate Retail Values (“ARVs”): One (1) prize will be awarded to one (1) “Winner” as determined in accordance with these Official Rules, that consists of two decks from the public enemy collection: the fear of the black planet deck and the stencil deck with a total ARV of US$132. Exact series, materials color and sizing may vary and are subject to availability. Grip, wheels, trucks and bushings, bolts, bearings, and other accessories are not included. The prize is “AS IS” without any warranty of any kind, express or implied. No substitution, redemption for cash, return, exchange or transfer of prizes will be made or is permitted except in Sponsor’s sole discretion. All federal, state and local taxes, related to the prizes, are the sole responsibility of the Winner. The prize will be mailed or delivered by Sponsor or third party courier, at Sponsor’s expense, to the Winner at the physical address (no PO Box) in the US or Canada provided by the Winner at time of notification within 60 days. Physical addresses only. The risk of loss and title for the prize passes to Winner upon Sponsor’s delivery to the third-party carrier or at the delivery point to the Winner’s shipping address.
7. Publicity & Marketing: Submission of an Entry constitutes permission to Sponsor to use entrants’ name, likeness, image, picture (whether still or moving), screen persona, statements, biographical data, and any other indicia of identity for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of personal information in connection with this Sweepstakes (whether or not required) constitutes permission for Sponsor to use such personal information for purposes of administration of the Sweepstakes and for the purposes permitted by Sponsor’s Privacy Policy at including marketing messages. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., “Unsubscribe” link). You (or your parent/guardian if you is under the age of majority in such entrant’s jurisdiction of residence) understand that you are providing your information to Sponsor.
8. General Terms: The Sweepstakes is subject to all applicable federal, state, and local laws and void where prohibited. Decisions of Sponsor on all matters are final and binding. Sponsor reserves the right to cancel or modify this Sweepstakes and to disqualify any entrant for any reason, in its sole discretion, including (but not limited to) if, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If such cancelation occurs, Sponsor reserves the right to select the winners from among the eligible entries received. Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. The Sweepstakes Entities are not responsible for, including but not limited to, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO ANY FRAUDULENT CLAIMS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
9. Releases: By entering this Sweepstakes, you (or your parent/guardian if you are under the age of majority in your jurisdiction of residence) agree to release, discharge and hold harmless Sponsor, the Sweepstakes Entities, and their respective directors, officers, employees, agents and from any claims, losses, and damages arising out of, or relating to, your participation in this Sweepstakes or any Sweepstakes-related activities (including, without limitation, events, travel, etc.) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any non-compliance by you with these Official Rules; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in connection with the Sweepstakes or prize.
10. Disputes: Except where prohibited, each entrant (or such entrant’s parent/guardian if entrant is under the age of majority in such entrant’s jurisdiction of residence) agrees that any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the applicable courts in Orange County, California. All issues and questions concerning these Official Rules and entrant’s or Sponsor’s rights and obligations, shall be governed by, and construed in accordance with the laws of State of California, without regard to choice or conflict of law rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms and if the invalid or illegal provision were not contained herein.
11. Winner List: To obtain the Winner name(s) send a self-addressed, stamped envelope to: Legal Department, ATTN ELEMENT: Public Enemy Acquisition Campaign Sweepstakes, 5600 Argosy Ave., #100, Huntington Beach, CA 92648, USA, with a written request by September 30, 2022.
12. Sponsor. The Sponsor of the Sweepstakes is Boardriders Wholesale, LLC, having an address of 5600 Argosy Ave., #100, Huntington Beach, CA 92648. boardriders.com and www.ELEMENT.com. Boardriders, the Boardriders Logo, Element and Element Logos are trademarks or registered trademarks of Sponsor in the USA and other countries. Other names may be trademarks of  their respective owners.  Any questions regarding this Sweepstakes should be directed to Sponsor at: legal.usa@boardriders.com.

Click the here to join MyElement

FAQ's

How do I join the MyElement loyalty program?

You can join the MyElement loyalty program in-store or online at www.elementbrand.com.

Is it free to join the MyElement loyalty program?

Yes! Joining the MyElement is completely free and no purchase is required.

How do I use a reward?

ONLINE: Redeem and use your reward right at checkout. Not ready to shop? You can also go to your Rewards page in your account and redeem a reward for future use either online or in-store. Based on the total points you have in your account; we display the various types of offers and rewards you can use at checkout so that it’s easily accessible to you. Your discount will be reflected in the order total once you have applied it to your cart.

IN-STORE: Before you begin your shopping experience, you have the option to log into your account online to view the different rewards that are available to you. You can either redeem that reward in advance and use it in-store, or you can ask our sales representative to check for any available offers/rewards under your account. If there is an offer/reward available, we will gladly redeem it and add it to your purchase.

How do I earn offers and rewards?

As soon as your loyalty account holds at least 200 points, a reward will be available for you to redeem. You will receive an email advising you that a reward is available in your account. Don’t have enough points? No worries. From time to time, we send out promotional offers such as welcome, birthday, anniversary, etc. and you don’t need to have points to redeem them!

Can I use my reward on other Boardriders family brands?

Yes. As long as you are a loyalty club member with our other family brands, your rewards should be available for you to use at any of the family brands

If I make an in-store purchase and I am not a loyal member of that Boardriders family brand, can I still add that purchase to my loyalty account at the family brand I am loyal to and earn points?

Yes. If you do not have a loyalty membership to the brand store where you just made an in-store purchase, but have a membership at another one of our family brands, you can ask our sales associate to add your purchase history to your loyalty account.

Do my loyalty points have an expiration date?

Yes. Just like your offers, your total loyalty points also have an expiration date which can be found in your account overview. Be sure to use all your points before it resets!

What happens if I return an item?

If you received points when you purchased the item, then those points will be removed from your account when the return is processed. If no points were earned on the purchase of the item, then no points will be removed. This point deduction activity will be visible on your Points History page under your account.

How do I view my points?

You can view your total points at any time by logging in to your account on our brand sites in which you are a loyal member. If you have opted to receive emails regarding your account, a quarterly statement will be emailed to you showing the total available points.

Do all my purchases count towards points?

Your purchases at any Element store and www.elemenetbrand.com will accumulate points including eligible third-party merchandise purchased through Element.

My purchase is not appearing in my points balance. What should I do?

Online: Points accumulated from your purchases will appear in your account once order ships out, as long as you have signed into your loyalty account when making payment online. If you are still unable to see the points after 48 hours when order shipped, please contact us.

In-Store: As long as you have provided our sales associate with your loyalty email information, the points accumulated from your purchases will appear in your account within 48 hours. If you are still unable to see the points after 48 hours, please contact us.

How do I get free shipping?

Just for being a loyal member, you will receive free standard shipping on all purchases made on the sites within Canada and all 50 U.S. states, and APO/FPO address.

How do I get free returns?

ONLINE: We offer free returns to our loyal members on all eligible purchases (excluding returns from Canada) made on the sites within all 50 U.S. states, and APO/FPO addresses.

IN-STORE: Changed your mind about an item? You can visit one of our company owned retail locations and return the item as long as the item is eligible for returns based on our return policy. 

MYELEMENT TERMS AND CONDITIONS 
Effective Date: October 20, 2020 

PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN THE MYELEMENT LOYALTY PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN MYELEMENT. 

The MYELEMENT loyalty program (hereinafter “MYELEMENT”) is a customer loyalty program offered by Boardriders, Inc. (“Boardriders,” “Company,” “we” or “us”) to customers who meet the eligibility requirements described below.  MYELEMENT is valid online in the United States and Canada on the ELEMENT website (hereafter, the “Sites”), and at participating retail stores in the United States and Canada (hereafter, the “Stores”).  

When you create a user account on the ELEMENT website, you will automatically be enrolled in MYELEMENT. By creating an account and/or enrolling in MYELEMENT, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in MYELEMENT. By participating in MYELEMENT, you will be subscribed to receive communications from ELEMENT, some of which may be commercial in nature. 

A.  Acceptance of Terms and Conditions of Membership 

Membership in MYELEMENT is available to any natural person who is a resident of the United State or Canada, and are at least 18 of age (or the age of majority in the place of residency) at the time of enrollment in the program. By submitting an application for membership in MYELEMENT, you represent that you meet these eligibility requirements.  Employees, officers, directors, agents and representatives of Company are ineligible for membership in MYELEMENT.  You must read and agree to these terms and conditions of membership in MYELEMENT (“Terms and Conditions”), as set out below. 

EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company may at any time, in its sole discretion, alter, limit, or modify the MYELEMENT rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of MYELEMENT or may suspend or terminate MYELEMENT at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in MYELEMENT if Company determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) MYELEMENT account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful. 

B.  Principle of MYELEMENT 

As a MYELEMENT member, you can earn MYELEMENT points (“Points”) by (i) purchasing ELEMENT brand merchandise and eligible third-party merchandise as determined by Boardriders in its sole discretion (excludes the purchase of e-gift cards, gift cards, shipping & handling charges, and sales taxes on purchases) on the Sites and at Stores (“Eligible Purchases”); and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double Points Tuesdays, responding to a survey, etc.). Points earned in this way give you access to select rewards (“Rewards”) as determined by Company in its sole discretion. 

C.  Membership in MYELEMENT 

To join MYELEMENT, simply ask about it at one of our Stores or join online on the Sites. You must create an online user account in order to participate in MYELEMENT. Upon joining, you will receive a welcome email with a member number.   

In order to get the most complete experience out of your MYELEMENT membership, including receiving exclusive MYELEMENT offers, Company recommends that you subscribe to receive all MYELEMENT emails. You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in MYELEMENT. Examples of transactional emails include: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of marketing emails, transactional emails, or both. If you opt out of marketing emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account. 

You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join MYELEMENT, particularly in the case of two people with the same name. 

Only one (1) membership in MYELEMENT is permitted per person and email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and Conditions, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in the MYELEMENT, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned. 

D.  Earning Membership Points 

You will begin earning Points over a 12-month period from the date on which you join MYELEMENT, and will be awarded 100 Points upon enrollment in MYELEMENT.  You will also earn Points on all Eligible Purchases and participation in other special programs and promotional offers that may be announced by ELEMENT or its third-party partners from time to time.  Points will expire twelve (12) months after they are earned on a rolling basis.  

Points have no cash, monetary or real-world value. Unless a special offer is applicable, you shall earn one (1) Point for every U.S. or Canadian dollar ($1.00) you spend (as applicable, based on country of purchase) on the Sites or in a Store.  Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar. When making a purchase on the Sites, you must log-in to your user account in order to earn Points. When making a purchase at a Store, you must provide your email address of other membership information in order to earn Points on your in-store purchase.  From time to time, we, or others acting with our permission, may notify you of special promotional offers that offer you “Bonus Points.” Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer. 

Points will not be awarded on unauthorized or fraudulent purchases, nor will Points be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited.  Points will not be earned on the following items:  purchase of e-gift cards or gift cards, shipping & handling charges, and sales taxes on purchases. 

No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining MYELEMENT are not eligible for Points. 

Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final. 

E.  Membership Rewards 

Your membership Rewards include the following: 

• Rewards: These are single-use coupons that can be used for discounts off purchases on the Sites or at Stores as described below.  The amount of your Reward will be determined by the total amount of Points you have accumulated.  Every 200 Points = $15 off eligible purchases. Rewards shall be awarded in $15 (U.S. or Canadian dollars, as applicable, based on country of purchase) increments as follows:   

• If you accumulate 200 Points or more but less than 400 Points, you shall receive a Reward of $15 off your next purchase of $25 or more. 

• If you accumulate 400 Points or more but less than 600 Points, you shall receive a Reward of $30 off your next purchase of $50 or more. 

• If you accumulate 600 Points or more but less than 800 Points, you shall receive a Reward of $45 off your next purchase of $75 or more. 

• If you accumulate 800 Points or more but less than 1,000 Points, you shall receive a Reward of $60 off your next purchase of $100 or more. 

• If you accumulate 1,000 Points or more, you shall receive a Reward of $75 off your next purchase of $125 or more. 

Each Reward shall be valid for sixty (60) days from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase, on the Sites or at Stores, of ELEMENT or other Boardriders brands (i.e., Quiksilver, Roxy, DC Shoes, Billabong, RVCA) in which you are also a loyalty program member.  Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable. 

• First Loyal Purchase Offer: Following your enrollment in MYELEMENT, you will receive a one-time 20% off First Loyal Purchase Offer following your first purchase of ELEMENT merchandise on the Sites or at Stores. Each First Loyal Purchase Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the First Loyal Purchase Offer. First Loyal Purchase Offers may only be used for the purchase of ELEMENT merchandise on the Sites or at Stores. Each First Loyal Purchase Offer may only be used once. Limitations on the number of First Loyal Purchase Offers that can be used in a single transaction may apply.  First Loyal Purchase Offers have no market or cash value and are non-transferable. 

• Birthday Offer: Following your enrollment in MYELEMENT, you will receive a 25% off Birthday Offer once a year at the beginning of the month in which you celebrate your birthday. Each Birthday Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the Birthday Offer. Birthday Offers may only be used for the purchase of ELEMENT merchandise on the Sites or at Stores. Each Birthday Offer may only be used once. Limitations on the number of Offers that can be used in a single transaction may apply. Offers have no market or cash value and are non-transferable. 

• Anniversary Offer: Following your enrollment in MYELEMENT, you will receive a 25% off Anniversary Offer once a year on the 15th day of the month in which you enrolled in MYELEMENT. Each Anniversary Offer shall be valid for sixty (60) days from date of issuance or such other time as set forth on the Anniversary Offer.  Anniversary Offers may only be used for the purchase of ELEMENT merchandise on the Sites or at Stores. Each Anniversary Offer may only be used once. Limitations on the number of Anniversary Offers that can be used in a single transaction may apply.  Anniversary Offers have no market or cash value and are non-transferable. 

• Free economy shipping: You shall receive free economy shipping on all purchases made on the Sites within Canada and all 50 U.S. states, APO/FPO addresses, and the following U.S. territories:  Guam, Puerto Rico, US Virgin Islands, and American Samoa only. 

• Free returns: You shall receive free returns on all Eligible Purchases (excluding returns from Canada) made on the Sites within all 50 U.S. states, APO/FPO addresses, and the following U.S. territories:  Guam, Puerto Rico, US Virgin Islands, and American Samoa only. 

Some Rewards or Offers may only be available to residents of a particular country (e.g., U.S. only or Canada only). Company reserves the right to substitute Rewards or Offers at its sole discretion. Unless otherwise noted by Company, Rewards and Offers cannot be combined with any other offers. You cannot use Rewards or Offers retroactively for prior purchases. Company is not responsible for lost or stolen Rewards or Offers. If you opt out of certain types of emails, e.g., Loyalty Program emails, you may not be able to receive Rewards or Offers by email, although you will be able to view your Rewards or Offer status by visiting a Store or logging in to your MYELEMENT account. 

F.  Updating Your Account 

Participation in MYELEMENT requires an email address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. 

It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or Rewards or Offers due to out-of-date, incomplete or inaccurate information. 

If you are a U.S. resident, you may close your user account by sending an email request to store@elementskateboards.com. Canadian residents may close their user account by sending an email request to store@ca.shop.elementskateboards.com. 

G.  Fraudulent Use of MYELEMENT 

Any fraud, attempted fraud or theft on the Sites or at a Store, any wrongful or inappropriate use of MYELEMENT, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Terms and Conditions shall lead to the automatic suspension or permanent deactivation of your membership in MYELEMENT. Company reserves the right to suspend or deactivate your account, MYELEMENT and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Terms and Conditions or through misuse or fraudulent use shall be cancelled without any form of compensation. 

H.  Amendment, Failure or Interruption of MYELEMENT 

EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company reserves the right to amend these Terms and Conditions at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend MYELEMENT. 

Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of MYELEMENT. No amendment, withdrawal or failure of MYELEMENT shall give you an entitlement to compensation. If MYELEMENT is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion. 

I.  For California Residents - Notice of Financial Incentive 
 We have structured and administer the MYELEMENT program in accordance with the California Consumer Privacy Act (CCPA).  In addition to the other information described in these Terms and Conditions regarding the material terms of the MYELEMENT program, we provide the following additional information applicable to California residents.  The categories of personal information we collect as part of your participation in MYELEMENT are:  first name, last name, email address, shipping address, date of birth, phone number, and purchase history.   

The Points, Rewards, and Offers for MYELEMENT program members are based on our good-faith estimate of the value of the personal information provided to us in connection with the program.  We estimate that the value to Boardriders of the personal information you provided to facilitate participation in the program is $0.66.  We have calculated this value based on estimated incremental average order value per loyalty order compared to a non-loyalty order, accounting for promotional discounts and costs associated with loyalty orders. 

For more information about the CCPA and data collection, please view our Privacy Policy here.  

IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN MYELEMENT, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN MYELEMENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF MYELEMENT. 

BY PARTICIPATING IN MYELEMENT, YOU ACKNOWLEDGE THAT MYELEMENT, THE REWARDS, OFFERS, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SITES, MYELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR MYELEMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, MYELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO MYELEMENT, REWARDS OR OFFERS WILL BE CORRECTED. 

PARTICIPATION IN MYELEMENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH MYELEMENT. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. 

Unfortunately, we do NOT offer free returns for our Canadian members at this time. We apologize for the inconvenience.

You can join the MyElement loyalty program in-store or online by clicking here. 

   You can earn Points on all Eligible Purchases and participation in other special programs and promotional offers that may be announced by Element or its third-party partners from time to time.  Points will expire twelve (12) months after they are earned on a rolling basis. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar.

$1 spent = 1 point earned

*excludes taxes and shipping costs*   

Please keep in mind that for Online purchases, your points will not accumulate until after your order ships out to avoid errors regarding inventory, typically 3-5 business days from placing your order.
   For In-Store purchases, points typically accumulate within 24-48 hours of your purchase. Keep in mind that  you must log-in to your user account in order to earn Points. When making a purchase at a Store, you must provide your email address or other membership information (ID number) in order to earn Points on your in-store purchase.   

   Points will not be awarded on unauthorized or fraudulent purchases, nor will Points be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited.  Points will not be earned on the following items:  purchase of e-gift cards or gift cards, shipping & handling charges, and sales taxes on purchases.

Thank you for your interest in Element. We have solidified our partnerships for donations and support for this year, but very much appreciate your interest. 

We receive a high number of donation inquiries and value your time. To be considered for donations or partnerships in the future, please provide the following information below. If we are able to assist in the future, we will reach out to the contact info you provide on next steps.

Thank you again!

Donation Requests: donationinquiries.usa@boardriders.com

Subject Line: Donation Request

Please include in body of message:

• Name of organization
• Name of event if applicable
• Date of event if applicable
• Contact Email
• Contact Name
• Donation Request

PRIVACY POLICY

Last Updated: March 12, 2021

Thank you for visiting our Privacy Policy (“Privacy Policy”). This Privacy Policy applies to Personal Information (defined below) collected on any and all websites associated with Boardriders, Inc., and its affiliates, subsidiaries and brands, including Quiksilver, Billabong, Roxy, DC Shoes, RVCA, Element, VonZipper, Honolua, Dot Dash and the Boardriders Foundation (the “Company,” “we,” or “us”), and all affiliated domains that link to this Privacy Policy, through any related mobile application, through computerized devices in stores and in-store data collection forms, and at physical retail locations where the Privacy Policy is posted (collectively referred to herein as the “Sites”). This Privacy Policy also explains the choices you have about the way this information is collected and used. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

Please note that this Privacy Policy is subject to an arbitration provision, requiring—except where and to the extent prohibited by law, which may include the province of Quebec—you to arbitrate any claims you may have against the Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

1. INFORMATION COLLECTED

When you use our Sites, we collect your Personal Information and non-Personal Information. The types of information we collect from you depends on the Sites and the features you use on the Sites. “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements or the co-mingling of personal and non-Personal Information. The various types of information we collect from you may include:

• Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.
• Information Collected In-Store: We may collect your name, email address, mailing address, zip code, and preferences if you complete a form within the store. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.
• Account Information: We may collect your name, email address, mailing address, zip code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
• Information for Commercial Communications: We may collect your name, email address, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
• Information Relating to Inquiries: We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.  
• Information for Promotions: We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
• Survey Information: We may collect your name, age, zip code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.
• Usage Information: We may collect usage information passively, while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: Site visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system. Additionally, like any online site or service, our mobile application automatically collects certain information such as your IP address, device information (e.g., the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL from which you access our application. You are not required to affirmatively submit any Personal Information to us in connection with the general use of our mobile application, unless you make a purchase through the application, in which case you must create an account.
• Information from Other Websites, Including Mobile Applications and Social Media Platforms: If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device’s settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of the application stores from which you download our mobile application, or of any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application and review and use available controls and settings on your device to reflect your preferences.
• Information from Other Sources: We also may obtain, collect and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How To Access, Correct and Update Your Personal Information? California residents may also see the section entitled Your California Privacy Rights.)

2. COOKIES AND OTHER SESSION IDENTIFIERS

Like many sites, we, and third parties we allow, utilize a technology called "cookies." A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Policy governs how we use that information.

Cookies help provide additional functionality to the Sites and help us to more accurately analyze usage of the Sites. For instance, the Sites may set a cookie on your browser that allows the Sites to remember you during future visits. We use cookies to monitor and to maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session ID. The server then passes your information to you through this secure session ID. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.

Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our websites. We use the data collected for optimizing marketing, refining advertising, and generally making advertising more effective. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en>. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dloage/gaoptout.

Adobe Analytics — We also use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: https://www.adobe.com/privacy/opt-out.html.

Third Party Advertisers — We may use advertisers, third-party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. Depending on the particular advertising services they provide, these third-party advertising companies may employ first-party cookies or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on the Company’s servers. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings on your browser (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.

3. HOW WE USE THE INFORMATION COLLECTED

We may use the information we collect as necessary and to fulfill your requests, including in the following ways:

Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.

Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.

Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.

Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.

Aggregated Information: In an ongoing effort to better understand and to serve the users of the Sites, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is not classified or treated as Personal Information under this Privacy Policy.

4. HOW WE SHARE YOUR INFORMATION

We may share the information described in Section 1 above to the following categories of third parties in the following circumstances:

Order Fulfillment and Fraud Protection:  If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.

Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Information may be part of the transferred assets. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your Personal Information collected via the Sites, and you acknowledge and agree that any successor to or acquirer of us and/or our eCommerce service provider will continue to have the right to use your Personal Information and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your Personal Information with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Information in accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information. We employ a vetting process to assess our partners’ data protection practices.

Third-Party Marketers, Partners, and other Third Parties: We may also share your Personal Information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your Personal Information for their own purposes, or further disclose your information to other third parties. If you prefer that we not share your Personal Information with these types of parties, please email us at privacy@boardriders.com.

Legal Requirements: We may disclose your Personal Information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION

You can access, correct and/or update certain Personal Information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites. California residents may also refer to the section entitled Your California Privacy Rights.

6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE

We take commercially reasonable measures to ensure the security and confidentiality of your Personal Information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. If we learn of a data security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please notify us by e-mailing privacy@boardriders.com.

7. YOUR CHOICES AND INDIVIDUAL RIGHTS

You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in Section 16 to update your contact information or to change your subscription preferences. In addition, you may:

Limit the  Personal Information You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.

Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

Opt Out of Marketing Emails and Texts: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.

Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

8. LINKING TO OR FROM ANOTHER WEBSITE

The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your Personal Information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

9. HOW WE RESPOND TO DO NOT TRACK SIGNALS

Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.

10. INFORMATION COLLECTED FROM CHILDREN

Protecting the privacy of children is extremely important to us. The Sites are directed toward a general audience and are not directed at nor intended for use by children under the age of 13. We do not knowingly collect or intend to collect Personal Information from anyone who is under the age of 13. If you are under the age of 13, you should not provide any Personal Information to us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Sites. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us through the methods provided in Section 16 and we will endeavor to delete that information from our databases.

11. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES

If you are visiting our Sites from outside the United States, please be aware that you are sending information (including Personal Information) to the United States where our servers are located. We will hold and process your Personal Information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. United States privacy laws may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. Therefore, by providing your Personal Information, you consent to the collection, use, and sharing of your Personal Information as set forth in this Privacy Policy and to the transfer of your Personal Information to the United States as indicated above, in accordance with applicable law.

12. CHANGES REGARDING THIS PRIVACY POLICY

The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. When we do, we will also revise the "Last Updated" date at the top of this Privacy Policy. Please review this policy periodically, and especially before you provide any Personal Information.

If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes.

This Privacy Policy was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

13. DISPUTES AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law, which may include the province of Quebec, by using the Sites, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

• to the Company at: Boardriders, Inc., Attention: Legal Department, 5600 Argosy Circle, Building #100, Huntington Beach, CA 92649; and
• to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you.

Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

14. CHOICE OF LAW

This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

15. YOUR CALIFORNIA PRIVACY RIGHTS

This section of the Privacy Policy applies if you are a resident of California and use our Site.

The California Shine the Light Law grants California residents the right to obtain certain information about the types of Personal Information that companies with whom those individuals have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, that law provides that California residents may request a copy of the Personal Information that we hold about them. California residents may also request information regarding the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request either a copy of the information maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to the California Shine the Light Law, please contact us via email at privacy@boardriders.com, or by writing us at the address at the bottom of this Privacy Policy. Please allow 30 days for a response to your request.

After January 1, 2020, The California Consumer Privacy Act of 2018 (CCPA) grants residents of California certain rights pertaining to the Personal Information we may collect and share with third parties for a business purpose. These purposes may include: providing our products and services, maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, performing analytics and quality control, auditing transactions, researching and testing features and improvements, detecting and preventing fraud and security incidents, debugging or repairing technical errors, and marketing our products. 

The categories of information we have collected from California residents in the past 12 months, the sources of that information, the business purpose for the collection of that information, and the third parties to whom we may disclose that information may include:

• Identifiers: We may collect your name, aliases, postal address, email address, online identifier, Internet Protocol address, account name, or other similar unique personal identifiers. We may collect this Personal Information directly from you, indirectly from you (e.g., from observing your actions on our website) or from third party service providers, such as a data analytics provider. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products or special offers, processing your orders, processing employment applications or processing documentation required for legal purposes. We may disclose this information to third parties, including, payment processors, providers of internet, marketing, and administrative services.
• Personal information categories listed in the California Customer Records statute (California Civil Code § 1798.80(E)): We may request credit card signatures, infer physical characteristics from information you provide regarding style selections and clothing or footwear sizes, and credit card or debit card number. We collect this information directly from you.  The business purpose for which we may collect this information is to process your order. We disclose this information to payment processors. 
• Commercial information: We may collect information pertaining to products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We may collect this information directly from you. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products, or special offers or to process your order. We may disclose this information to third parties, including, payment processors, and providers of delivery or marketing services.
• Internet or other similar network activity: We may collect information related to browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. We may collect this information indirectly from you (e.g., from observing your actions on our Site) or from third-party service providers, such as a data analytics provider. The business purpose for which we may collect this information includes providing targeted advertising and providing information about products or special offers. We may disclose this information to third parties, including, internet service providers, payment processors, and advertising networks.
• Geolocation data: We may collect information pertaining to location. We may collect this information directly from you. The business purposes for which we may collect this information includes responding to an inquiry, processing your order or to provide targeted advertising. We may disclose this information to third parties, including, internet service providers and advertising networks.
• Audio and visual information: We may collect video recordings made of customers while they are visiting our stores. These recordings are maintained in a deidentified, i.e., anonymized, form. We may collect this information directly from you. The business purpose for which we may collect this information includes providing customer service, for fraud prevention, and to protect our legal rights. We may disclose this information to third parties as needed to protect our rights and the rights and safety of our customers and employees.
• Inferences drawn from other personal data: We may collect profiles reflecting a person’s shopping preferences and behavior. We may collect this information indirectly from you (e.g., from observing your actions on our Site), and from third-party service providers, such as a data analytics provider. The business purposes for which we may collect this information include improving the online shopping experience for consumers. We may disclose this information to third parties, including advertising networks, in aggregated and/or deidentified, i.e., anonymized, form.
• Characteristics of protected classifications under California law: We may collect information for human resources requirements related to age, race, veterans status or gender. We may collect this information directly from you. The business purposes for which we may collect this information includes processing employment applications and maintaining employee records as required by law (for more information on our collection of this category of information, please visit the Boardriders Career website at www.boardriders.com/careers/). We may disclose this information to third parties, including providers of human resources administrative services.
   

If you are a California resident, the CCPA may grant you certain rights in connection with the Personal Information we collect, including:

• You have the right to know and request, no more than twice in a 12-month period, information about the categories of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold your Personal Information or disclosed your Personal Information for a business purpose, and, if so, the categories of Personal Information we sold or disclosed for a business purpose. You also have the right to request the specific pieces of Personal Information we have collected about you and the third parties to whom we may disclose Personal Information. We will endeavor to respond to a verified request within forty-five (45) days of its receipt. If more time is reasonably necessary to provide you with the information you request, we may take an additional forty-five (45) days to respond to your request, and will notify you in writing of the reason(s) an extension is required.
• You have the right to “opt out” of the sale of Personal Information (or, for consumers who are under 16 years old, the right not to have their Personal Information sold absent their, or their parent’s (for consumers ages 13-5), opt-in). 
• You have the right to request that we delete your Personal Information.  We may retain your Personal Information, however, pursuant to one or more exceptions provided by law.
• You have the right to non-discrimination. You have the right to receive equal service and pricing from a business, even after exercising your rights.

To submit an access or deletion request, click here or call us at 1-877-837-3932.  To opt-out of the sale of your Personal Information, click here.

We verify your identity before completing your request for access or deletion, and, may ask for you to confirm data points we already have about you. Note, the right to opt-out does not need to be a verified request. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf.

16. CONTACTING US

If you have any questions, comments, or concerns regarding our Privacy Policy or privacy practices, please send an email to privacy@boardriders.com, call us at the number below, or write to us at the following address:

Boardriders, Inc.
Attention: Legal Department

5600 Argosy Circle, Building #100

Huntington Beach, CA 92649
 

Phone: 1-877-837-3932

Monday thru Friday 7am to 6pm (PST)

TERMS OF USE

Effective Date: September 19, 2019

1. INTRODUCTION

This Terms of Use Agreement (this “Agreement”) applies to any and all websites, apps, and online services associated with Boardriders, Inc. and its affiliates, subsidiaries and brands, including without limitation, Quiksilver Canada Corp., and brands, including Quiksilver, Billabong, Roxy, DC Shoes, RVCA, Element, VonZipper, Xcel, Honolua, Dot Dash and the Boardriders Foundation (the “Company,” “we,” or “us”), and all affiliated domains that link to this Agreement, through any related mobile application, through computerized devices in stores and in-store data collection forms, and through any location where this Agreement is posted (collectively referred to herein as the “Sites”). By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites as set forth below in Section 9.

Please note the arbitration provision set forth below, requiring—except where and to the extent prohibited by law, which may include the province of Quebec—you to arbitrate any claims you may have against Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY

2. AGE LIMITATION

By using the Sites you represent that you are at least 13 years old. YOU MAY NOT USE OR REGISTER FOR THE SITES IF YOU ARE UNDER THE AGE OF 13.

3. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Sites, to understand our privacy practices

4. CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.

5. DISPUTES AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law, which may include the province of Quebec, by using the Sites, you and Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

• to the Company at: Quiksilver Canada Corp., 111-2433 Dollarton Highway, North Vancouver, BC V7H 0A1, with a copy to: Boardriders INc., Attention: Legal Department, 5600 Argosy Circle, Building #100, Huntington Beach, CA 92649
• to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you.

Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.

6. CHOICE OF LAW

This Agreement has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

7. OWNERSHIP OF INTELLECTUAL PROPERTY

Trademarks: Boardriders, Quiksilver, Billabong, Roxy, DC Shoes, RVCA, Element, VonZipper, Xcel, Honolua, Dot Dash and other trademarks, service marks, trade names, and trade dress indicated on our Sites are trademarks or registered trademarks of Company and its affiliates, licensors and licensees in the United States and other countries. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark owned or controlled by Company or any third party.

Copyright: All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of Company or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns. For usage permission, please contact us via email at termsofuse@boardriders.com.

8. NOTICE OF COPYRIGHT INFRINGEMENT

We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

(1) Identification of the copyrighted work claimed to have been infringed;

(2) Identification of the allegedly infringing material on the Sites that is requested to be removed;

(3) Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;

(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of copyright infringement on the Sites is Company’s Legal Compliance counsel, who can be reached as follows:

Boardriders, Inc.

Attn: Senior Counsel, Legal Compliance

5600 Argosy Circle, Building #100

Huntington Beach, CA 92649

(714) 889-2200  - Monday thru Friday 7am to 6pm (PST)

9. REGISTRATION

You do not have to register to view the Sites. You can visit the Sites, read blog posts and other materials, browse merchandise, post reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Sites, for example to become a member of the Boardriders Club. To register, you must create a user account, which requires you to provide your email address, mailing address including zip code, mobile number, birth date, and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be responsible for any losses caused by any unauthorized use of your account. Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other various Sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to accounts@boardriders.com.

10. RETURNS, REFUNDS, SHIPPING, AND ORDER CANCELLATIONS

Please review our Online and Phone Purchases Policy (https://www.elementbrand.com/en-ca/customer-service-returns-and-exchanges-online-and-phone-purchases-return-policy.html), our Shipping Methods and Timelines (www.elementbrand.com/en-ca/customer-help/shipping.html), and our Cancellations Policy (https://www.elementbrand.com/en-ca/cancellations.html), which also govern your visit to the Sites, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.

11. COMMENTS

We welcome your comments and feedback about the Sites and our products. In addition, in some places the Sites enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) on the Sites or sent to us, whether through the Sites, email, facsimile, Canada Post, U.S. mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.

Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.

12. LICENSE AND SITE ACCESS

Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.  Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company's brand names or trademarks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of Company. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by "deep linking," or otherwise, without prior written permission from Company. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.

13. THIRD-PARTY AND CO-BRANDED SITES

The Sites may contain hyperlinks (“links”) to websites operated by persons or entities other than Company (“third-party Websites”) or to co-branded websites operated by a third party, including Company's affiliates and licensees (“co-branded Websites”). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Company explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.

COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

14. YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Sites or any co-branded Website must be accurate, complete, and current.

By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as:

• accessing data not intended for you or logging into a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Sites;
• sending unsolicited or unauthorized email, including promotions and/or advertising of products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and forging any TCP/IP packet header or any part of the header information in any email or posting;
• using the Sites in a manner that is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• interfering with or disrupting the Sites, services connected to the Sites, or otherwise interfering with operations or services of the Sites in any way;
• infringing any copyright, trademark, trade secret, patent or other right of any party, or defaming or invading the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• causing us to lose (in whole or part) the services of our internet service providers or other suppliers;
• linking to materials or other content, directly or indirectly, to which you do not have a right to link;
• using the site in a manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Company in its sole discretion;
• harvesting or otherwise automatically collecting any information (including without limitation personal information) about other users of the Sites, including, without limitation, e-mail addresses, without the express consent of such users;
• copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Sites or any portion thereof;
• violating, or encouraging anyone to violate this Agreement, any ancillary terms and conditions listed on the Sites, or the Privacy Policy; or
• violating, or encouraging anyone to violate, any applicable local, state, national, or international law, regulation or order.

15. TERMINATION OR RESTRICTION

Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.

16. RISK OF LOSS

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

17. PRODUCT INFORMATION

Company attempts to be accurate in describing its products and services on the Sites. We do not warrant that product and service descriptions or other content of this or any other Sites are complete, reliable, current, or error-free.

We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see depend on your computer monitor and other factors beyond Company's control, we cannot guarantee that your computer's display of any color on the Sites will be accurate.

Most Company products displayed on the Sites are available in select retail stores in the United States and Canada while supplies last. In some cases, merchandise displayed for sale at the Sites may not be available in retail stores. Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. or Canadian Dollars.

18. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

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

EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, 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 SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. MISCELLANEOUS LEGAL PROVISIONS

Company may discontinue the Sites at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.

Company reserves the right to update and/or change the terms of this Agreement. If we make any material changes to this Agreement (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes. This Agreement was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Agreement become effective shall indicate your agreement with the terms of such revised and then-current Agreement.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company's failure to enforce any provision 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. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement constitutes the entire and final agreement regarding the Sites and its contents, and supersedes any prior or contemporaneous communications between you and Company regarding the Sites and their contents.

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

20. CONTACT US

If you have any questions or concerns regarding the Sites or this Agreement, please contact us by email at termsofuse@boardriders.com or write to us at the following address:

Boardriders, Inc.

Attention: Legal Department

5600 Argosy Circle, Building #100

Huntington Beach, CA 92649

P (714) 889-2200 - Monday thru Friday 7am to 6pm (PST)

To lean more about Element, click here for it's history and where we came from.

Thank you for your interest in becoming a Boardriders Wholesale Partner. In order to get your inquiry to the correct sales team, please send us an email with the following information.

• Your business and shop name
• Location of your business
• Brand(s) you wish to carry
• Brands you currently carry
• Brief description of your shop

Wholesale Email: wholesaleinquiries.usa@boardriders.com

Once we receive your information, we will provide the details to your local sales manager(s) and or sales rep(s) for the brand(s) you wish to carry. We typically receive a large number of wholesale inquires. Please allow up to 14 business days for a sales associate to contact you. 

Please note - We are unable to provide status on your inquiry but will happily forward your status request to the correct team so they can reach out to you.

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