Terms of service

THIS PAGE EXPLAINS YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF OUR WEBSITE AND ANY PURCHASES YOU MAKE ON THE WEBSITE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS ONLY. CASES CANNOT BE CONSOLIDATED AND CLASS-ACTIONS ARE NOT PERMITTED TO RESOLVE DISPUTES. REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions. These terms and conditions (these "Terms") apply to your purchase of products and related services on the website at us.oneill.com (the "Site"). These Terms are subject to change at any time without prior written notice by La Jolla Sport U.S.A., Inc. (referred to herein as either "Company," "we," "us," or "our"). The most recent version of these Terms shall be posted for your review at any time on the Site. Review these Terms before engaging in any transaction on the Site.

2. License to Use the Site and Your Account.

   1. We grant you a limited license to access and use the Site for personal, informational, and shopping purposes. The Site may not be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner. Except as expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Site or the Content.

   2. Certain areas and features of the Site are available only to users who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Site in violation of these Terms. You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

   3. Some Site functionality is provided via chat, audio, or similar mechanism that is generated by software (including artificial intelligence software). The software is designed to mimic human interaction so that we can respond to your inquiries. Information provided may be inaccurate, and may not always be available or error-free. Support may be provided by third parties and their technology platforms, and you authorize us to share any information you provide, including without limitation personal information, with them.

3. Online Orders. When placing an order on our Site, you are offering to purchase whatever products and services you select. Your offer is deemed accepted when We ship your items to you. We reserve the right to accept or reject any order in our own discretion. We reserve the right to cancel any order once accepted by us at any time in our sole discretion.

4. Payment Terms. Prices are shown next to the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

5. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

6. Returns. Returns must be started within 30 days from the fulfillment date. Item(s) must be in brand new condition with the original tags still attached. If an item was received damaged, please contact our customer service team instead of starting a return. Items marked FINAL SALE are ineligible for returns/exchanges. A return handling fee of $6.99 will be deducted from your refund total. Once returned to our warehouse, please allow 5-7 business days for our returns department to process your return. Once processed, you will receive an email notifying you. Note that your payment services provider may take an additional 2-7 business days to post the credit to your account.

7. Privacy Policy. Please review our Privacy Policy and California Privacy Policy. They are incorporated by reference into these Terms.

8. Text Messaging Terms.

   1. BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THESE TERMS AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.

   2. We send text messages about sales, promotional events, new product releases, loyalty program alerts, cart reminders, and order and shipping alerts by SMS message to our customers (a “Text Message Program”).

   3. By opting into a Text Message Program, you:

      1. Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in.

      2. Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.

      3. Confirm that you are the subscriber to the relevant phone number or that you are authorized to opt into the Text Message Program.

      4. Consent to the use of an electronic record to document your opt-in.

   4. Your message frequency may vary. You may receive alerts about marketing campaigns, offers, coupon programs, promotional events, cart or shopping reminders, and events near you.

   5. Opt out of the Text Message Program by texting “STOP,” “CANCEL,” or “QUIT” to a text messages you have received from us. You understand and agree that any other method of opting out is not a reasonable means of opting out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. Text “HELP” to the number sending the text message or contact Customer Support for help.

   6. Message and data rates may apply. You acknowledge that you are responsible for any message, data, or other charges incurred from using a Text Message Program.

   7. Text Message Programs are offered on an “as-is” basis. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.

9. Representations & Warranties; Limitations on Liability.

   1. Buyer's Representations & Warranties. You represent and warrant to us as follows: (a) that you can form legally binding contracts under applicable laws, and are of legal age of majority in your place of residence, and that you are not otherwise barred from using the Site under applicable laws; (b) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (c) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (d) that you are buying goods or services from the Site for solely your own use, and not for resale or export.

   2. LIABILITY CAP. OTHER THAN WITH RESPECT TO COMPANY’S OBLIGATIONS ARISING UNDER “GOVERNING LAW/BINDING ARBITRATION”, UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

10. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature.

11. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

12. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent, and any attempt to do so shall be null and void.

13. Partial Invalidity. If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14. Binding Arbitration. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

Any dispute, claim, or controversy arising out of or relating to these Terms shall be either determined by binding arbitration in Irvine, California before one arbitrator or submitted to small claims court in Irvine, California. The arbitrator may select a new location, including proceedings by telephone or video conference. Judgment on the award may be entered in any court having jurisdiction. A party may obtain provisional remedies from a court. Arbitration shall be conducted using the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules, unless otherwise modified by these Terms.

ANY CLAIMS OR ARBITRATION UNDER THESE TERMS MUST BE ON AN INDIVIDUAL BASIS AND BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. The arbitrator may consolidate more than one person’s claims with your claims, and may otherwise preside over any form of a representative or class proceeding, only if we both agree in writing. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Jury Trial Waiver. To the fullest extent permitted by applicable law, you and we waive the right to a jury trial.

A written notice of a claim (a “Notice”) must be sent before initiating arbitration or a small claims action. Notice to us must be addressed to: La Jolla Sport, U.S.A., Inc., ATTN: General Counsel. 14350 Myford Road, Irvine, CA 92606. Notice to you may be sent by email or any other means to contact you. A Notice must describe the claim or dispute, and state the relief sought (“Demand”). If we are unable to resolve the claim within 30 days after the Notice is received, an arbitration proceeding or small claims action may commence. If your claim is for $10,000 or less and the arbitrator does not determine that your claims are frivolous, we will promptly reimburse your filing fee.

You may choose if the arbitration is conducted on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules if your claim is for $10,000 or less. Otherwise, the right to a hearing will be determined by the JAMS Rules.

If the arbitrator awards you damages that are more than $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,000, whichever is greater.

1. A party may pursue a court injunction to enjoin intellectual property infringement. Any portion of these Terms deemed unenforceable by a court or arbitrator shall not be effective. The remainder of these Terms shall remain effective.

Arbitration proceedings and any related award are confidential, except as necessary to prepare for or conduct the arbitration hearing, a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

The parties waive any right to recover punitive, exemplary, incidental, indirect, or consequential damages. The parties agree to implement the JAMS Optional Arbitration Appeal Procedure for any final arbitration award.

1. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Site (“Content”) are protected intellectual property of, or used with permission or under license by, us. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. You do not acquire any right, title, or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Services is strictly prohibited.

2. Governing Law. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles.

3. Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

4. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

5. Notices. We may provide notices to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, with confirmation of receipt, at: support@oneillclothing.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: La Jolla Sport U.S.A., Inc. 14350 Myford Road, Irvine, CA 92606.

6. Entire Agreement. These Terms, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and Privacy Policy shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof. Sweepstakes, contests, coupons, rebates, or other promotions made available through the Services may be governed by specific rules that are also part of these Terms.

7. California Residents. California residents may contact Customer Support (support@oneillclothing.com) to resolve a complaint about this Site, or reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

8. Contact Us: La Jolla Sport U.S.A., Inc. 14350 Myford Road, Irvine, CA 92606. (855) 554-5930. Support@oneillclothing.com